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Enforcement Rights Against Non‐Culpable Non‐Just Intrusion

Peter Vallentyne

Ratio 24 (4):422-442 (2011)

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Backing Away from Libertarian Self-Ownership.David Sobel - 2012 - Ethics 123 (1):32-60.details Libertarian self-ownership views have traditionally maintained that we enjoy very powerful deontological protections against any infringement upon our property. This stringency yields very counter-intuitive results when we consider trivial infringements such as very mildly toxic pollution or trivial risks such having planes fly overhead. Maintaining that other people's rights against all infringements are very powerful threatens to undermine our liberty, as Nozick saw. In this paper I consider the most sophisticated attempts to rectify this problem within a libertarian self-ownership framework. (...) Download Export citation Bookmark 43 citations
Middle ground on liability for costs?Joachim Wündisch - 2020 - Philosophical Studies 177 (10):3097-3115.details On the strict liability view, excusably ignorant agents must cover all the wrongful costs they have inadvertently brought onto others, although it is undisputed that they are not at fault. On the fault liability view, victims need not be compensated by excusably ignorant harmers. To some, both views appear harsh. Under fault liability, those who cause harm are seen as getting off scot-free while victims suffer. Under strict liability, agents are viewed as being burdened without any fault of their own. (...) Download Export citation Bookmark
Self-ownership and non-culpable proviso violations.Preston J. Werner - 2015 - Politics, Philosophy and Economics 14 (1):67-83.details Left and right libertarians alike are attracted to the thesis of self-ownership because, as Eric Mack says, they ‘believe that it best captures our common perception of the moral inviolability of persons’. Further, most libertarians, left and right, accept that some version of the Lockean Proviso restricts agents’ ability to acquire worldly resources. The inviolability of SO purports to make libertarianism more appealing than its egalitarian counterparts, since traditional egalitarian theories cannot straightforwardly explain why, e.g. forced organ donation and forced (...) Download Export citation Bookmark 3 citations
Justifying Uncivil Disobedience.Ten-Herng Lai - 2019 - Oxford Studies in Political Philosophy 5:90-114.details A prominent way of justifying civil disobedience is to postulate a pro tanto duty to obey the law and to argue that the considerations that ground this duty sometimes justify forms of civil disobedience. However, this view entails that certain kinds of uncivil disobedience are also justified. Thus, either a) civil disobedience is never justified or b) uncivil disobedience is sometimes justified. Since a) is implausible, we should accept b). I respond to the objection that this ignores the fact that (...) Download Export citation Bookmark 12 citations

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