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The Realm of Rights

Law and Philosophy 11 (4):449-455 (1990)

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  1. Promises as Proposals in Joint Practical Deliberation.Brendan Kenessey - 2020 - Noûs 54 (1):204-232.
    This paper argues that promises are proposals in joint practical deliberation, the activity of deciding together what to do. More precisely: to promise to ϕ is to propose (in a particular way) to decide together with your addressee(s) that you will ϕ. I defend this deliberative theory by showing that the activity of joint practical deliberation naturally gives rise to a speech act with exactly the same properties as promises. A certain kind of proposal to make a joint decision regarding (...)
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  • Revolution and Intervention.Massimo Renzo - 2020 - Noûs 54 (1):533–253.
    Provided that traditional jus ad bellum principles are fulfilled, military humanitarian intervention to stop large scale violations of human rights (such as genocide, crimes against humanity or war crimes) is widely regarded as morally permissible. In cases of “supreme humanitarian emergency”, not only are the victims morally permitted to rebel, but other states are also permitted to militarily intervene. Things are different if the human rights violations in question fall short of supreme humanitarian emergency. Because of the importance of respecting (...)
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  • Mere moral failure.Julie Tannenbaum - 2015 - Canadian Journal of Philosophy 45 (1):58-84.
    When, in spite of our good intentions, we fail to meet our obligations to others, it is important that we have the correct theoretical description of what has happened so that mutual understanding and the right sort of social repair can occur. Consider an agent who promises to help pick a friend up from the airport. She takes the freeway, forgetting that it is under construction. After a long wait, the friend takes an expensive taxi ride home. Most theorists and (...)
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  • Sidgwick's Axioms and Consequentialism.Robert Shaver - 2014 - Philosophical Review 123 (2):173-204.
    Sidgwick gives various tests for highest certainty. When he applies these tests to commonsense morality, he finds nothing of highest certainty. In contrast, when he applies these tests to his own axioms, he finds these axioms to have highest certainty. The axioms culminate in Benevolence: “Each one is morally bound to regard the good of any other individual as much as his own, except in so far as he judges it to be less, when impartially viewed, or less certainly knowable (...)
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  • Are There Any Environmental Rights?Aaron Lercher - 2007 - Environmental Values 16 (3):355 - 368.
    This paper extends the argument in H.L.A. Hart's 'Are there any natural rights?' to argue that there is an environmental moral right against pollution. This right is composed of a right against negligent, reckless or intentional risk imposition, together with the liberty to act in a way that does not negligently, recklessly or intentionally impose risks on others. This right is understood as overrideable or prima facie, and this paper does not claim that this right is the only basis of (...)
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  • 'Ought' and Ability.P. A. Graham & Peter Graham - 2011 - Philosophical Review 120 (3):337-382.
    A principle that many have found attractive is one that goes by the name “'Ought' Implies 'Can'.” According to this principle, one morally ought to do something only if one can do it. This essay has two goals: to show that the principle is false and to undermine the motivations that have been offered for it. Toward the end, a proposal about moral obligation according to which something like a restricted version of 'Ought' Implies 'Can' is true is floated. Though (...)
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  • Assertion and its constitutive norms.Michael Rescorla - 2009 - Philosophy and Phenomenological Research 79 (1):98-130.
    Alston, Searle, and Williamson advocate the restrictive model of assertion , according to which certain constitutive assertoric norms restrict which propositions one may assert. Sellars and Brandom advocate the dialectical model of assertion , which treats assertion as constituted by its role in the game of giving and asking for reasons. Sellars and Brandom develop a restrictive version of the dialectical model. I explore a non-restrictive version of the dialectical model. On such a view, constitutive assertoric norms constrain how one (...)
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  • Two dogmas of deontology: Aggregation, rights, and the separateness of persons: Alastair Norcross.Alastair Norcross - 2009 - Social Philosophy and Policy 26 (1):76-95.
    One of the currently popular dogmata of anti-consequentialism is that consequentialism doesn't respect, recognize, or in some important way account for what is referred to as the The charge is often made, but rarely explained in any detail, much less argued for. In this paper I explain what I take to be the most plausible interpretation of the separateness of persons charge. I argue that the charge itself can be deconstructed into at least two further objections to consequentialist theories. These (...)
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  • Reasoning with moral conflicts.John F. Horty - 2003 - Noûs 37 (4):557–605.
    Let us say that a normative conflict is a situation in which an agent ought to perform an action A, and also ought to perform an action B, but in which it is impossible for the agent to perform both A and B. Not all normative conflicts are moral conflicts, of course. It may be that the agent ought to perform the action A for reasons of personal generosity, but ought to perform the action B for reasons of prudence: perhaps (...)
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  • Strict Moral Answerability.Maximilian Kiener - 2024 - Ethics 134 (3):360-386.
    Bernard Williams described the case of a lorry driver who runs over a child through no fault of his own. In this article, I pursue two aims. First, I want to motivate a puzzle about Williams’s case, which I call the Lorry Driver Paradox and which consists of three individually plausible but jointly inconsistent claims. Second, I want to offer a solution to this paradox based on a novel approach to so-called strict moral answerability. I conclude by responding to the (...)
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  • Partial ectogestation and the right to choose the method by which one ends one's pregnancy.Kristen Hine - 2024 - Journal of Social Philosophy 55 (1):143-159.
    Journal of Social Philosophy, EarlyView.
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  • The Mental States First Theory of Promising.Alida Liberman - forthcoming - Dialectica.
    Most theories of promising are insufficiently broad, for they ground promissory obligation in some external or contingent feature of the promise. In this paper, I introduce a new kind of theory. The Mental States First (MSF) theory grounds promissory obligation in something internal and essential: the mental state expressed by promising, or the state that promisors purport to be in. My defense of MSF relies on three claims. First, promising to Φ expresses that you have resolved to Φ. Second, resolving (...)
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  • Pricean reflection.John Bengson, Terence Cuneo & Russ Shafer-Landau - 2022 - British Journal for the History of Philosophy 31 (4):744-761.
    We offer a reconstruction of Richard Price’s intuition-based epistemology of normative essences, highlighting its key elements and showing how it differs from the approaches taken by other intuitionists such as Thomas Reid and G. E. Moore, as well as sentimentalists such as Francis Hutcheson and David Hume. While our analysis aims to shed light on Price’s moral epistemology, it also seeks to contribute to contemporary debates about the epistemology of essence, advancing a general intuition-based theory. These two goals are related, (...)
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  • A Problem of Self-Ownership for Reproductive Justice.Elizabeth Lanphier - 2021 - Cambridge Quarterly of Healthcare Ethics 30 (2):312-327.
    This paper raises three concerns regarding self-ownership rhetoric to describe autonomy within healthcare in general and reproductive justice in specific. First, private property and the notion of “ownership” embedded in “self-ownership,” rely on and replicate historical injustices related to the initial acquisition of property. Second, not all individuals are recognized as selves with equal access to self-ownership. Third, self-ownership only justifies negative liberties. To fully protect healthcare access and reproductive care in specific, we must also be able to make claims (...)
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  • My body and other objects: The internal limits of self‐ownership.Hannah Carnegy-Arbuthnott - 2019 - European Journal of Philosophy 27 (3):723-740.
    Common practices such as donating blood or selling hair assume rights of disposal over oneself that are similar to, if not indistinguishable from, property rights. However, a simple view of self‐ownership fails to capture relevant moral differences between parts of a person and other objects. In light of this, we require some account of the continuity in the form of ownership rights a person has over herself and other objects, which also acknowledges the normative differences between constitutive parts of a (...)
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  • Fundamental Legal Concepts: The Hohfeldian Framework.Luís Duarte D'Almeida - 2016 - Philosophy Compass 11 (10):554-569.
    Wesley Newcomb Hohfeld's account of legal rights is now 100 years old. It has been much discussed, and remains very influential with philosophers and lawyers alike. Yet it is still sometimes misunderstood in crucial respects. This article offers a rigorous exposition of Hohfeld's framework; discusses its claims to comprehensiveness and fundamentality, reviewing recent work on the topic; and highlights the argumentative uses of Hohfeld's most important distinction.
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  • Responsibility and Self-Defense: Can We Have It All?Adam Hosein - 2017 - Res Publica 23 (3):367-385.
    The role of responsibility in our common-sense morality of self-defense is complex. According to common-sense morality, one can sometimes use substantial, even deadly, force against people who are only minimally responsible for posing a threat to us. The role of responsibility in self-defense is thus limited. However, responsibility is still sometimes relevant. It sometime affects how much force you can use against a threatener: less if they are less responsible and more if they are more responsible. Is there a well-motivated (...)
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  • Climate change, collective harm and legitimate coercion.Elizabeth Cripps - 2011 - Critical Review of International Social and Political Philosophy 14 (2):171-193.
    Liberalism faces a tension between its commitment to minimal interference with individual liberty and the urgent need for strong collective action on global climate change. This paper attempts to resolve that tension. It does so on the one hand by defending an expanded model of collective moral responsibility, according to which a set of individuals can be responsible, qua ?putative group?, for harm resulting from the predictable aggregation of their individual acts. On the other, it defends a collectivized version of (...)
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  • Principlism, Uncodifiability, and the Problem of Specification.Timothy J. Furlan - forthcoming - Cambridge Quarterly of Healthcare Ethics:1-22.
    In this paper I critically examine the implications of the uncodifiability thesis for principlism as a pluralistic and non-absolute generalist ethical theory. In this regard, I begin with a brief overview of W.D. Ross’s ethical theory and his focus on general but defeasible prima facie principles before turning to 2) the revival of principlism in contemporary bioethics through the influential work of Tom Beauchamp and James Childress; 3) the widespread adoption of specification as a response to the indeterminacy of abstract (...)
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  • Rethinking moral claim rights.Laura Valentini - 2023 - Journal of Political Philosophy 31 (4):433-451.
    Journal of Political Philosophy, EarlyView.
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  • What Makes Personal Data Processing by Social Networking Services Permissible?Lichelle Wolmarans & Alex Voorhoeve - 2022 - Canadian Journal of Philosophy 52 (1):93-108.
    Social Networking Services provide services in return for rights to commercialize users’ personal data. We argue that what makes this transaction permissible is not users’ autonomous consent but the provision of sufficiently valuable opportunities to exchange data for services. We argue that the value of these opportunities should be assessed for both (a) a range of users with different decision-making abilities and (b) third parties. We conclude that regulation should shift from aiming to ensure autonomous consent towards ensuring that users (...)
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  • Bruce Lee and the Trolley Problem: An Analysis from an Asian Martial Arts Tradition.William Sin - 2022 - Sport, Ethics and Philosophy 16 (1):81-95.
    In this paper, I approach the trolley problem from a different angle, and align the perspective with non-Western models of philosophy as instruction for life. I argue that the trolley problem is an...
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  • Judith Jarvis Thomson.Marco A. Azevedo - 2020 - Filosofia Unisinos 21 (3):315-316.
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  • Social wrongs.Arto Laitinen & Arvi Särkelä - 2023 - Critical Review of International Social and Political Philosophy 26 (7):1048-1072.
    In this paper we elucidate the notion of ‘social wrongs’. It differs from moral wrongness, and is broader than narrowly political wrongs. We distinguish conceptually monadic wrongness (1.1), dyadic wronging (1.2), and the idea of there being something ‘wrong with’ an entity (1.3). We argue that social and political wrongs share a feature with natural badness or wrongness (illnesses of organisms) as well as malfunctioning artifacts or dysfunctional organizations: they violate so called ought-to-be norms; they are not as they ought (...)
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  • Egalitarian Provision of Necessary Medical Treatment.Robert C. Hughes - 2020 - The Journal of Ethics 24 (1):55-78.
    Considerations of autonomy and independence, properly understood, support strictly egalitarian provision of necessary medical treatment. If the financially better-off can purchase access to necessary medical treatments that the financially less well-off cannot purchase without help, then their discretionary power to give or to withhold monetary gifts indirectly gives them the power to make life-and-death or sickness-and-health decisions for others. To prevent private citizens from having this objectionable form of power, government must ensure that citizens’ finances do not affect their access (...)
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  • All Reasons Are Moral.Daniel Muñoz - manuscript
    Morality doesn't always require our best. Prudent acts and heroic sacrifices are optional, not obligatory. To explain this, some philosophers claim that reasons of self-interest must have a special "non-moral" significance. A better explanation, I argue, is that we have prerogatives based in rights.
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  • Promises, Release‐Seeking, and Exploitation: What We Should Not Do To Get Off the Hook.Hallie Liberto - 2016 - Southern Journal of Philosophy 54 (S1):143-165.
    I argue here that sometimes the seeking and securing of release from promissory obligation amounts to wrongful exploitation. I contend that this is true even though the promisee has viable alternatives to releasing the promisor from the promise, and even though the promisee is voluntarily releasing the promisor from the promise. I offer two methods by which someone can unfairly take advantage of the promisee's vulnerability that count as wrongfully exploitative. Next, I explain a variety of theories of promising and (...)
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  • Property, Rights, and Freedom.Gerald F. Gaus - 1994 - Social Philosophy and Policy 11 (2):209-240.
    William Perm summarized theMagna Cartathus: “First, It assertsEnglishmento be free; that's Liberty. Secondly, they that have free-holds, that's Property.” Since at least the seventeenth century, liberals have not only understood liberty and property to be fundamental, but to be somehow intimately related or interwoven. Here, however, consensus ends; liberals present an array of competing accounts of the relation between liberty and property. Many, for instance, defend an essentially instrumental view, typically seeing private property as justified because it is necessary to (...)
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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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  • Promises and the Backward Reach of Uptake.Hallie Liberto - 2018 - American Philosophical Quarterly 55 (1):15-26.
    I present a set of cases that pose problems for existing theories of promissory uptake. These cases involve a delayed receipt and/or acceptance of a promise, though the obligation arises before the receipt or acceptance has taken place; a delay or absence of agency on the part of the promisee—making it impossible to satisfy the various suggested uptake criteria, though promissory obligation is nonetheless generated; and the promise is made to someone, de dicto—that is, the person who will be the (...)
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  • Bargaining for the disappeared? Rewarding perpetrators in transitional justice contexts.Juan Espindola - 2021 - Journal of Social Philosophy 53 (2):273-288.
    Journal of Social Philosophy, Volume 53, Issue 2, Page 273-288, Summer 2022.
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  • Libertarianism, Climate Change, and Individual Responsibility.Olle Torpman - 2021 - Res Publica 28 (1):125-148.
    Much has been written about climate change from an ethical view in general, but less has been written about it from a libertarian point of view in particular. In this paper, I apply the libertarian moral theory to the problem of climate change. I focus on libertarianism’s implications for our individual emissions. I argue that even if our individual emissions cause no harm to others, these emissions cross other people’s boundaries, although the boundary-crossings that are due to our ‘subsistence emissions’ (...)
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  • Bipolar Obligations, Recognition Respect, and Second-Personal Morality.Jonas Vandieken - 2019 - The Journal of Ethics 23 (3):291-315.
    Any complete theory of “what we owe to each other” must be able to adequately accommodate directed or bipolar obligations, that is, those obligations that are owed to a particular individual and in virtue of which another individual stands to be wronged. Bipolar obligations receive their moral importance from their intimate connection to a particular form of recognition respect that we owe to each other: respect of another as a source of valid claims to whom in particular we owe certain (...)
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  • A Defense of women's Choice: Abortion and the Ethics of Care.Eugenie Gatens-Robinson - 1992 - Southern Journal of Philosophy 30 (3):39-66.
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  • Redistribution and self-ownership.Dan Moller - 2019 - Social Philosophy and Policy 36 (2):196-211.
    :Debates about libertarianism and redistribution often revolve around self-ownership. There are two main reasons for this: first, self-ownership is often featured in Lockean accounts of property that endow us with a claim to the resources that are up for redistribution. Second, self-ownership has sometimes been mustered as a way of resisting the additional labor that is said to be required by redistributive schemes. In this essay, I argue that these appeals to self-ownership are misguided. However, unlike most critics of these (...)
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  • Justice and Chances.Re'em Segev - 2018 - Journal of Social Philosophy 49 (2):315-333.
    According to a common view, in a case involving an indivisible good and several potential beneficiaries, who are equal in every relevant respect, there is a non-instrumental reason to allocate the benefit in a way that gives each an equal chance to receive the benefit. In this paper, I argue that this view is incompatible with several plausible and widely held assumptions. I emphasize especially the assumption that the distributive role of chances is secondary to that of benefits in an (...)
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  • Confucian Ethics and Labor Rights.Tae Wan Kim - 2014 - Business Ethics Quarterly 24 (4):565-594.
    ABSTRACT:In this article I inquire into Confucian ethics from a non-ideal stance investigating the complex interaction between Confucian ideals and the reality of the modern workplace. I contend that even Confucian workers who regularly engage in social rites at the workplace have an internal, Confucian reason to appreciate the value of rights at the workplace. I explain, from a Confucian non-ideal perspective, why I disagree with the presumptuous idea that labor (or workplace) rights are necessarily incompatible with Confucian ideals and (...)
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  • La práctica Del alterum non laedere.Diego M. Papayannis - 2014 - Isonomía. Revista de Teoría y Filosofía Del Derecho 41:19-68.
    En este trabajo sostengo que el alterum non laedere es el principio rector de la responsabilidad civil, y sin él muchas de las características de nuestros sistemas de derecho de daños se tornan ininteligibles. Una vez que se aprecia el rol que cumple el alterum non laedere en el razonamiento jurídico puede comprenderse que la práctica de la responsabilidad civil está articulada sobre la evitación de daños y solo subsidiariamente sobre la reparación. Esta tesis, además, tiene importantes consecuencias dogmáticas.
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  • A Liberal Theory of Commodification.Carl David Https://Orcidorg191X Mildenberger - 2024 - Kriterion – Journal of Philosophy 38 (1-2):1-19.
    Judging on the basis of standard accounts of commodification, one might reasonably suggest that liberalism intrinsically lacks an adequate theory of commodification. Liberalism, with its commitment to individual choice and to neutrality as regards competing evaluation practices, seems conceptually incapable of identifying or abolishing many significant forms of commodification. This essay aims to refute this claim. It employs a strategy of appealing to the harm principle as grounds for a liberal anti-commodification theory. I claim that we are harmed when we (...)
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  • Revolution and Intervention.Massimo Renzo - 2019 - Noûs 54 (1):233-253.
    Provided that traditional jus ad bellum principles are fulfilled, military humanitarian intervention to stop large scale violations of human rights (such as genocide, crimes against humanity or war crimes) is widely regarded as morally permissible. In cases of “supreme humanitarian emergency”, not only are the victims morally permitted to rebel, but other states are also permitted to militarily intervene. Things are different if the human rights violations in question fall short of supreme humanitarian emergency. Because of the importance of respecting (...)
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  • Promises, obligation, and reliance.Alexander Heape - 2020 - Philosophy and Phenomenological Research 104 (1):150-170.
    Philosophy and Phenomenological Research, Volume 104, Issue 1, Page 150-170, January 2022.
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  • Towards a More Particularist View of Rights’ Stringency.Benedict Rumbold - 2019 - Res Publica 25 (2):211-233.
    For all their various disagreements, one point upon which rights theorists often agree is that it is simply part of the nature of rights that they tend to override, outweigh or exclude competing considerations in moral reasoning, that they have ‘peremptory force’, making ‘powerful demands’ that can only be overridden in ‘exceptional circumstances’, Philosophical Foundations of Human Rights, Oxford University Press, Oxford, 2016, p. 240). In this article I challenge this thought. My aim here is not to prove that the (...)
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  • Innocent Attackers and Rights of Self-Defense.David R. Mapel - 2004 - Ethics and International Affairs 18 (1):81-86.
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  • Judith Jarvis Thomson, goodness and advice (princeton, NJ: Princeton university press, 2000), XVI + 188 pp. [REVIEW]Michael J. Zimmerman - 2004 - Noûs 38 (3):534–552.
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  • Creating and Redirecting Threats.Victor Mardellat - 2021 - Pacific Philosophical Quarterly 104 (1):145-169.
    In the third volume of On What Matters, Derek Parfit argued that the distinction between imposing a newly created threat on someone and making what threatens some people instead threaten someone else has no genuine moral significance. This article's central thesis is that although there is much to learn from Parfit's arguments, they are ultimately unsuccessful at establishing that the redirected versus newly created threats distinction is morally irrelevant. In particular, I show that my Causal Sequences Principle specifies this distinction (...)
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  • Promising as Doxastic Entrustment.Jorah Dannenberg - 2019 - The Journal of Ethics 23 (4):425-447.
    I present a novel way to think about promising: Promising as Doxastic Entrustment. The main idea is that promising is inviting another to entrust her belief to you, and that taking a promiser’s word is freely choosing to accept this invitation. I explicate this through considering the special kind of reason for belief issued by a promiser: a reason whose rational status depends both on the will of the promiser to provide it, and on the will of the promisee to (...)
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  • Rights Enforcement, Trade-offs, and Pluralism.Adina Preda - 2011 - Res Publica 17 (3):227-243.
    This paper asks whether (human) rights enforcement is permissible given that it may entail infringing on the rights of innocent bystanders. I consider two strategies that adopt a rights-sensitive consequentialist framework and offer a positive answer to this question, namely Amartya Sen’s and Hillel Steiner’s. Against Sen, I argue that trade-offs between rights are problematic since they contradict the purpose of rights, which is to provide a pluralist solution to disagreement about values, i.e. to allow agents to act in accordance (...)
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  • Promises to the Dead.James Stacey Taylor - 2021 - Royal Institute of Philosophy Supplement 90:81-103.
    Many people attempt to give meaning to their lives by pursuing projects that they believe will bear fruit after they have died. Knowing that their death will preclude them from protecting or promoting such projects people who draw meaning from them will often attempt to secure their continuance by securing promises from others to serve as their caretakers after they die. But those who rely on such are faced with a problem: None of the four major accounts that have been (...)
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  • Utility, Predictability, and Rights: Bentham’s Utilitarianism and Constitutional Entitlements.Francesco Ferraro - 2022 - Ratio Juris 35 (1):38-54.
    Ratio Juris, Volume 35, Issue 1, Page 38-54, March 2022.
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  • The expanding realm of human rights.Nick Ferreira - 2008 - Res Publica 14 (1):57-64.
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