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Natural rights theories: their origin and development

New York: Cambridge University Press (1979)

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  1. The Ethics of Conceptualization: Tailoring Thought and Language to Need.Matthieu Queloz - forthcoming - Oxford: Oxford University Press.
    Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...)
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  • Genealogy, Evaluation, and Engineering.Matthieu Queloz - 2022 - The Monist 105 (4):435-451.
    Against those who identify genealogy with reductive genealogical debunking or deny it any evaluative and action-guiding significance, I argue for the following three claims: that although genealogies, true to their Enlightenment origins, tend to trace the higher to the lower, they need not reduce the higher to the lower, but can elucidate the relation between them and put us in a position to think more realistically about both relata; that if we think of genealogy’s normative significance in terms of a (...)
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  • Personal Identity and Self-Interpretation & Natural Right and Natural Emotions.Gabor Boros, Judit Szalai & Oliver Toth (eds.) - 2020 - Budapest: Eötvös University Press.
    Collection of papers presented at the 2nd and 3rd Budapest Seminar in Early Modern Philosophy.
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  • Die Pflicht, dem Menschen seine Würde zu erhalten.Ralf Stoecker - 2010 - Zeitschrift Für Menschenrechte 2010 (1):98-116.
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  • The Practical Origins of Ideas: Genealogy as Conceptual Reverse-Engineering (Open Access).Matthieu Queloz - 2021 - Oxford: Oxford University Press.
    Why did such highly abstract ideas as truth, knowledge, or justice become so important to us? What was the point of coming to think in these terms? This book presents a philosophical method designed to answer such questions: the method of pragmatic genealogy. Pragmatic genealogies are partly fictional, partly historical narratives exploring what might have driven us to develop certain ideas in order to discover what these do for us. The book uncovers an under-appreciated tradition of pragmatic genealogy which cuts (...)
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  • (1 other version)Lasst uns den Weg einer neuen Ontologie einschlagen! (Teil 1).Gianluigi Segalerba - 2017 - Analele Universitatii Din Craiova, Seria Filosofie 40 (2):91-183.
    The present essay is the first part of an analysis regarding aspects of Aristotle’s ontology. Aristotle’s ontology is, in my opinion, a formal ontology that examines the fundamental structures of reality and that investigates the features belonging to entities such as substance, quantity, quality, universals. Aristotle’s ontology investigates, moreover, the reciprocal relations existing between these entities. Aristotle’s interpretation of universals is not, in my opinion, a nominalist interpretation of universals: I do not think Aristotle regards universals as being only mental (...)
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  • Rights, Duties, and Moral Conflicts.Biasetti Pierfrancesco - 2014 - Etica E Politica (2):1042-1062.
    In this paper I would like to make a contribution to the debate on rights-talk and duties-talk relationship and priority by addressing the problem from a peculiar angle: that of moral conflicts and dilemma. My working hypothesis is that it should be possible to identify some basic and relevant normative features of rights-talk and duties-talk by observing how they modify the description of moral conflicts. I will try to show that both rights and duties posses original and irreducible normative features, (...)
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  • The Dualism of Modern Just War Theory.Graham Parsons - 2017 - Philosophia 45 (2):751-771.
    Conventional modern just war theory is fundamentally incoherent. On the one hand, the theory contains a theory of public war wherein ethical responsibility for the justice of war belongs uniquely to political sovereigns while subjects, including soldiers, are obligated to serve in war upon the sovereign’s command. On the other hand, the theory contains a theory of discrimination which presupposes that participants in war, including soldiers, are responsible for the justice of the wars they fight. Moreover, these two components are (...)
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  • Restoring Lost Liberty: Francois Hotman and the Nationalist Origins of Constitutional Self-Government.Ethan Alexander-Davey - 2016 - Constitutional Studies 1 (1).
    The rise of constitutional self-government in early modern Europe, I argue, owes much to a nationalist liberation narrative pioneered by French Huguenot François Hotman in Francogallia (1573). In response to appeals by absolutist thinkers to Ro- man law, which put the power of the king beyond legal or constitutional restraint, Hotman wove together tales of the heroism of ancient Gauls and Franks wresting their native liberties back from the Romans with a theory of constitutionally limited government grounded in the common (...)
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  • On the Renting of Persons: The Neo-Abolitionist Case Against Today's Peculiar Institution.David Ellerman - 2015 - Economic Thought 4 (1):1-20.
    Liberal thought (in the sense of classical liberalism) is based on the juxtaposition of consent to coercion. Autocracy and slavery were seen as based on coercion whereas today's political democracy and economic 'employment system' are based on consent to voluntary contracts. This paper retrieves an almost forgotten dark side of contractarian thought that based autocracy and slavery on explicit or implicit voluntary contracts. To answer these 'best case' arguments for slavery and autocracy, the democratic and abolitionist movements forged arguments not (...)
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  • The idea of utility in Adam Smith's The Theory of Moral Sentiments.F. Rosen - 2000 - History of European Ideas 26 (2):79-103.
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  • Hobbes, civil law, liberty and the Elements of Law.Patricia Springborg - 2016 - Critical Review of International Social and Political Philosophy 19 (1):47-67.
    When he gave his first political work the title The Elements of Law Natural and Politic, Hobbes signalled an agenda to revise and incorporate continental Roman and Natural Law traditions for use in Great Britain, and from first to last he remained faithful to this agenda, which it took his entire corpus to complete. The success of his project is registered in the impact Hobbes had upon the continental legal system in turn, specific aspects of his theory, as for instance (...)
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  • Hegel on Freedom and Authority.Renato Cristi - 2005 - University of Wales Press.
    While Hegel’s political philosophy has been attacked on the left by republican democrats and on the right by feudalist reactionaries, his apologists see him as a liberal reformer, a moderate who theorized about the development of a free-market society within the bounds of a stabilizing constitutional state. This centrist view has gained ascendancy since the end of the Second World War, enshrining Hegel within the liberal tradition. In this book, Renato Cristi argues that, like the Prussian liberal reformers of his (...)
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  • What is the Classical Theory of Just Cause? a Response to Reichberg.Graham Parsons - 2013 - Journal of Military Ethics 12 (4):357-369.
    Gregory Reichberg’s argument against my reading of the classical just war theorists falsely assumes that if just cause is unilateral, then there is no moral equality of combatants. This assumption is plausible if we assume an individualist framework. However, the classical theorists accepted quasi-Aristotelian, communitarian social ontologies and theories of justice. For them, the political community is ontologically and morally prior to the private individual. The classical just war theorists build their theories within this framework. They argue that just war (...)
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  • Leviathan leashed: The incoherence of absolute sovereign power.Paul R. DeHart - 2013 - Critical Review: A Journal of Politics and Society 25 (1):1-37.
    Early modern theorists linked the idea of sovereign power to a conception of absolute power developed during the medieval period. Ockham had reframed the already extant distinction between God's absolute and ordained powers in order to argue that God was free of moral constraint in ordaining natural law for human beings. Thus, the natural law could command the opposite of what God had ordained if He wished to make it so. Bodin extended Ockham's argument to earthly sovereigns, who do not (...)
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  • When Is a Regime Not a Legal System? Alexy on Moral Correctness and Social Efficacy.David H. McIlroy - 2013 - Ratio Juris 26 (1):65-84.
    Robert Alexy defines law as including a claim to moral correctness and demonstrating social efficacy. This paper argues that law's social efficacy is not merely an observable fact but is undergirded by moral commitments by rulers that it is possible for their subjects to follow the rules, that the rulers and others will also follow the rules, that subjects will be protected from violence if they act in accordance with the rules, and that subjects will be entitled to legal redress (...)
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  • Libertarian Natural Rights.Siegfried van Duffel - 2004 - Critical Review: A Journal of Politics and Society 16 (4):353-375.
    Non-consequentialist libertarianism usually revolves around the claim that there are only “negative,” not “positive,” rights. Libertarian nega- tive-rights theories are so patently problematic, though, that it seems that there is a more fundamental notion at work. Some libertarians think this basic idea is freedom or liberty; others, that it is self-ownership. Neither approach is satis- factory.
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  • No letters: Hobbes and 20th-century philosophy of language.W. P. Grundy - 2008 - Philosophy of the Social Sciences 38 (4):486-512.
    The author argues that Thomas Hobbes anticipates a set of questions about meaning and semantic order that come to fuller expression in the 20th century, in the writings of W.V.O. Quine, Ludwig Wittgenstein, Donald Davidson, Jacques Derrida, and Richard Rorty. Despite their different points of departure, these 20th-century writers pose a number of profound questions about the conditions for the stability of meaning, and about the conditions that govern the use of the term “language” itself. Though the more recent debate (...)
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  • The Oxford Handbook of Philosophy and Race.Naomi Zack (ed.) - 2017 - New York, USA: Oxford University Press USA.
    The Oxford Handbook of Philosophy and Race provides up-to-date explanation and analyses by leading scholars of contemporary issues in African American philosophy and philosophy of race. These original essays encompass the major topics and approaches in this emerging philosophical subfield that supports demographic inclusion and diversity while at the same time strengthening the conceptual arsenal of social and political philosophy. Over the course of the volume's ten topic-based sections, ideas about race held by Locke, Hume, Kant, Hegel, and Nietzsche are (...)
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  • On behalf of rights.David Little - 2006 - Journal of Religious Ethics 34 (2):287-310.
    ABSTRACTThough responses to Stout's book, Democracy and Tradition, have touched on his discussion of rights, none has comprehensively examined his position on the subject. Having endorsed several objections Stout raises against some influential views on democracy and rights, this article proceeds to criticize Stout's description and theoretical account of the natural and human rights traditions. The central argument is that Stout cannot successfully both affirm the traditions and adhere to his account.
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  • How Rights Became “Subjective”.Thomas Mautner - 2013 - Ratio Juris 26 (1):111-132.
    What is commonly called a right has since about 1980 increasingly come to be called a subjective right. In this paper the origin and rise of this solecism is investigated. Its use can result in a lack of clarity and even confusion. Some aspects of rights-concepts and their history are also discussed. A brief postscript introduces Leibniz's Razor.
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  • Property and Contract in Economics: The Case for Economic Democracy.David P. Ellerman - 1992 - Blackwell.
    From a pre-publication review by the late Austrian economist, Don Lavoie, of George Mason University: -/- "The book's radical re-interpretation of property and contract is, I think, among the most powerful critiques of mainstream economics ever developed. It undermines the neoclassical way of thinking about property by articulating a theory of inalienable rights, and constructs out of this perspective a "labor theory of property" which is as different from Marx's labor theory of value as it is from neoclassicism. It traces (...)
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  • Moral justifications for privacy and intimacy.Samuel P. Winch - 1996 - Journal of Mass Media Ethics 11 (4):197 – 209.
    The right to privacy is a moral concept that has been debated for centuries. This article traces the histo y of the concept and examines how the existence of a right to privacy has been defended by philosophers through the years. This article examines the strategies behind those arguments, showing how some of them are more convincing than others. Following this analysis is a practical argument for recognizing a universal right to privacy over intimate relationships and information. Intimacy is a (...)
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  • Philosophy, Drama and Literature.Rick Benitez - 2010 - In Graham Robert Oppy, Nick Trakakis, Lynda Burns, Steven Gardner & Fiona Leigh (eds.), A companion to philosophy in Australia & New Zealand. Clayton, Victoria, Australia: Monash University Publishing. pp. 371-372.
    Philosophy and Literature is an internationally renowned refereed journal founded by Denis Dutton at the University of Canterbury, Christchurch. It is now published by the Johns Hopkins University Press. Since its inception in 1976, Philosophy and Literature has been concerned with the relation between literary and philosophical studies, publishing articles on the philosophical interpretation of literature as well as the literary treatment of philosophy. Philosophy and Literature has sometimes been regarded as iconoclastic, in the sense that it repudiates academic pretensions, (...)
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  • (1 other version)Common ownership of the earth as a non-parochial standpoint: A contingent derivation of human rights.Mathias Risse - 2008 - European Journal of Philosophy 17 (2):277-304.
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  • Dreams and Nightmares of Liberal International Law: Capitalist Accumulation, Natural Rights and State Hegemony.Tarik Kochi - 2017 - Law and Critique 28 (1):23-41.
    This article develops a line of theorising the relationship between peace, war and commerce and does so via conceptualising global juridical relations as a site of contestation over questions of economic and social justice. By sketching aspects of a historical interaction between capitalist accumulation, natural rights and state hegemony, the article offers a critical account of the limits of liberal international law, and attempts to recover some ground for thinking about the emancipatory potential of international law more generally.
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  • Toward the Development of a Paradigm of Human Flourishing in a Free Society.Edward W. Younkins - 2008 - Journal of Ayn Rand Studies 9 (2):253-304.
    This essay presents a skeleton of a potential conceptual framework for human flourishing in a free society. Its aim is to present a diagram that illustrates the ways in which its topics relate to one another and why they do. It argues for a plan of conceptualization rather than for the topics themselves. It emphasizes the interconnections among the components of the schema presented. It sees an essential interconnection between objective concepts, arguing that all of the disciplines of human action (...)
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  • Pacifism, Just War, and Self-Defense.Cheyney Ryan - 2013 - Philosophia 41 (4):1-29.
    This essay distinguishes two main forms of pacifism, personal pacifism and political pacifism. It then contrasts the views on self-defense of political pacifism and just war theory, paying special attention to notions of the state and sovereignty.
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  • A very peculiar royalist. Hobbes in the context of his political contemporaries.Eleanor Curran - 2002 - British Journal for the History of Philosophy 10 (2):167 – 208.
    (2002). A VERY PECULIAR ROYALIST. HOBBES IN THE CONTEXT OF HIS POLITICAL CONTEMPORARIES. British Journal for the History of Philosophy: Vol. 10, No. 2, pp. 167-208. doi: 10.1080/096087800210122455.
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  • Rethinking the Encounter Between Law and Nature in the Anthropocene: From Biopolitical Sovereignty to Wonder.Vito De Lucia - 2020 - Law and Critique 31 (3):329-349.
    The rise of the idea of the Anthropocene is promoting multiple reflections on its meaning. As we consider entering this new geological epoch, we realize the pervasiveness of humankind’s deconstruction and reconstruction of the Earth, in both geophysical and discursive terms. As the body of the Earth is marked and reshaped, so is its idea. From a hostile territory to be subjugated and exploited through sovereign commands, the Earth is now reframed as a vulnerable domain in need of protection. The (...)
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  • Conceiving human rights without ontology.Anthony J. Langlois - 2005 - Human Rights Review 6 (2):5-24.
    In his book, World Poverty and Human Rights, Pogge sets out to articulate an approach to basic justice that is inversal and cosmopolitan. This notion of justice is to be articulated through the language of human rights. Pogge’s arguments about justice, moral universalism and cosmopolitanism are impressive and reward serious study. It is to be hoped. indeed, that many aspects of his argument might be adopted by the elite ruling classes of world politics; they have much to offer in the (...)
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  • Who are 'we'? Ambiguities of the modern self.Quentin Skinner - 1991 - Inquiry: An Interdisciplinary Journal of Philosophy 34 (2):133 – 153.
    This paper concentrates on three connected features of Taylor's argument. I begin by considering his historical sections on the formation of the modern identity, raising some doubts about the focus of his discussion and offering some specific criticisms in the case of Locke and Rousseau. Next I examine Taylor's list of the moral imperatives allegedly felt with particular force in the contemporary world. I question the extent to which the values listed by Taylor are genuinely shared, and point to a (...)
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  • Legal truths and falsities.Matthew Noah Smith - 2009 - Ratio Juris 22 (1):95-109.
    This paper has a two-pronged thesis. First, laws should be understood as making factual claims about the moral order. Second, the truth or falsity of these claims depends as much on the content of the law as on whether the lawmaker has political authority. In particular, laws produced by legitimate authorities are successful as laws when they guide subjects’ behavior by giving subjects authoritative reasons for action. This paper argues that laws produced by legitimate authorities accomplish this task by being (...)
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  • O contrato social em Samuel Pufendorf.Luiz Felipe Netto de Andrade E. Silva Sahd - 2009 - Revista de Filosofia Aurora 21 (28):143.
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  • Absolute Freedom of Contract: Grotian Lessons for Libertarians.Jeppe von Platz - 2013 - Critical Review: A Journal of Politics and Society 25 (1):107-119.
    Libertarians often rely on arguments that subordinate the principle of liberty to the value of its economic consequences. This invites the question of what a pure libertarian theory of justice—one that takes liberty as its overriding concern—would look like. Grotius's political theory provides a template for such a libertarianism, but it also entails uncomfortable commitments that can be avoided only by compromising the principle of liberty. According to Grotius, each person should be free to decide how to act as long (...)
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  • Towards a critique of the moral foundations of intellectual property rights.Theodoros Papaioannou - 2006 - Journal of Global Ethics 2 (1):67 – 90.
    Research in recent history has neglected to address the moral foundations of particular kinds of public policy such as the protection of intellectual property rights (IPRs). On the one hand, nation-states have enforced a tightening of the IPR system. On the other, only recently have national government and international institutions recognised that the moral justification for stronger IPRs protection is far from being plausible and cannot be taken for granted. In this article, IPRs are examined as individual rights founded upon (...)
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  • Poder político fiduciario y soberanía popular. Libertad política, confianza y revolución en la filosofía política de Locke.Jordi Mundó - 2020 - Daimon: Revista Internacional de Filosofía 81:33-48.
    La teoría republicana moderna de la concepción revolucionaria de la soberanía popular tuvo un eslabón fundamental en la filosofía política de John Locke, quien elaboró un argumento en favor de la libertad natural y de la autonomía de juicio de los individuos, y en contra de la sujeción natural y la alienación de la libertad política. Concibe la autoridad política como un poder político fiduciario instituido para el fin del bien público. Cuando los gobernantes actúan para fines distintos de los (...)
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  • Argumentation, decision and rationality.Fabio Paglieri - unknown
    From a decision theoretic perspective, arguments stem from decisions made by arguers. Despite some promising results, this approach remains underdeveloped in argumentation theories, mostly because it is assumed to be merely descriptive. This assumption is mistaken: considering arguments as the product of decisions brings into play various normative models of rational choice. The challenge is rather to reconcile strategic rationality with other normative constraints relevant for argumentation, such as inferential validity and dialectical appropriateness.
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  • Prisoners' rights.Hugo Adam Bedau - 1982 - Criminal Justice Ethics 1 (1):26-41.
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  • Suggested management responses to ethical issues raised by technological change.William P. Cordeiro - 1997 - Journal of Business Ethics 16 (12-13):1393-1400.
    The development of technology raises an array of ethical issues related to work. Many of these ethical issues are old issues surfacing under new guises. Technology has not changed the issues, but technology makes the issues' analysis and application more complex. This paper identifies several new ethical issues raised by technological change: computer crime, an over-reliance on computer controlled systems, bio-technical developments, degradation of quality-of-life at work and new categories of work-related injuries. These issues are discussed in the context of (...)
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  • Arthur Schopenhauer e a Tradição Jusnaturalista Moderna.Felipe Dos Santos Durante - 2011 - Voluntas: Revista Internacional de Filosofia 2 (1):108.
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  • La emancipación a través de la legitimación de las relaciones de poder en John Locke.Fernández Peychaux & Diego Alejandro - 2011 - Astrolabio 11:564 - 578.
    Esta ponencia se propone demostrar que, para John Locke, el individuo posee derechos inalienables, pero que la misma naturaleza humana tiende a establecer ciertas relaciones de poder que lo esclavizan. La constatación teórica e histórica de este postulado lleva a Locke a sostener que la salida del hombre de esa situación de enfermedad debe liberarlo no de las relaciones de poder, que pueden ser legitimadas, sino de sus propias pasiones que lo llevan a juzgar con parcialidad sus derechos y a (...)
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  • Practical‐Political Jurisprudence and the Dual Nature of Law.Sarah Nason - 2013 - Ratio Juris 26 (3):430-455.
    Law contains many dualities, though most, if not all, of these dualities resolve into one complex puzzle: To what extent is law a matter of pure social facts, or moral value untethered to social facts? I argue that each concept of law reconciles this duality in a different way on the basis of certain beneficial consequences that might result. Instead of pitting concepts against one another universally, we should accept that the balance between law's social fact and moral value dimensions (...)
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  • Commentary on: Fabio Paglieri's "Argumentation, decision and rationality".Steven W. Patterson - unknown
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  • (1 other version)Os dois deuses de Hobbes. Limites da obrigação política hobbesiana.Thamy Pogrebinschi - 2009 - Doispontos 6 (3).
    The aim of this paper is to critically inquire into some of the interpretations of what appears to me to be the core of Hobbes's political philosophy: his concept of political obligation. And in so doing I will provide a new way of reading the problem of obedience in Hobbes, one that does not dismiss the limits of political obligation and the theological context that surrounds it.
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  • La constitución fiduciaria de la libertad política.Jordi Mundó - 2017 - Isegoría 57:433.
    Algunas formulaciones de la filosofía política reciente han descuidado el carácter históricamente indexado de conceptos como libertad política, propiedad o soberanía, propiciando un uso anacrónico e impreciso de su significado. No obstante, su posición académica y social dominante informa el «sentido común» filosófico- político de nuestra época. Locke constituye un ejemplo de cómo la coyuntura interpretativa liberal, que se desplegó en el siglo XIX y se consolidó en el XX, ha oscurecido una parte de la complejidad y pluralidad de las (...)
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  • Taking the '''Ism''' Out of Cosmopolitanism An Essay in Reconstruction.Robert Fine - 2003 - European Journal of Social Theory 6 (4):451--470.
    This article addresses the character and potential of the radical cosmopolitanism that is currently flourishing within the social sciences. I explore how cosmopolitanism is articulated in a number of disciplines–including international law, international relations, sociology and political philosophy–and how it conceives of its own age. I focus first of all on the timeconsciousness that informs the cosmopolitan representation of modernity, in particular its projection of a rupturebetween the old ‘Westphalian’ order of nation states and the advancing cosmopolitan order of the (...)
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  • For the sake of the whole.J. G. Merquior - 1990 - Critical Review: A Journal of Politics and Society 4 (3):301-325.
    Louis Dumont is a distinguished Indianist but his later work has undertaken to ground an allegedly general need for holism and hierarchy in comparative historical sociology. Dumont's anti‐individualist thrust, depicting as it does modern Western culture as an aberration, a kind of social disease inviting in the long run an even worse cure—the nemesis of totalitarianism— enjoyed in the 80s the status of a modern classic of sociological wisdom. Even those who, like the new humanist thinkers in France (Luc Ferry, (...)
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  • El Dios de Ockham y la ética de la voluntad.Miquel Beltrán Y. Cesc Torvá & Antoni Garí - 2004 - Cuadernos Salmantinos de Filosofía 31:23-36.
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  • Natural law as early social thought: The recovery of natural law for sociology.Angela Leahy - 2020 - History of the Human Sciences 33 (2):72-90.
    Natural law contains much social thought that predates sociology and related disciplines, and can be seen as part of the prehistory of the human sciences. Key concerns of natural law thinkers include the achievement of social life and society, and the individual’s place therein. However, there is an enduring tendency within sociology to dismiss the ahistoricism and universalism of natural law, and therefore to reject natural law thought in its entirety. This article proposes an approach that rescues the sociological relevance (...)
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