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A right to do wrong

Ethics 92 (1):21-39 (1981)

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  1. Amnesty and Retribution.Patrick Lenta - 2018 - Public Affairs Quarterly 32 (2):119-140.
    This paper addresses the relationship between amnesty granted to perpetrators of serious human rights abuses and retributivism. It rebuts arguments advanced by Dan Markel and Lucy Allais in support of their claim that the granting of conditional amnesty—amnesty in exchange for perpetrators’ confessing to, and disclosing the details of, their wrongdoing—by the South African Truth and Reconciliation Commission (TRC) was consistent with retributivism. Markel contends that conditional amnesty was perfectly in line with recipients’ desert, while Allais submits that the TRC (...)
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  • Political vandalism as counter‐speech: A defense of defacing and destroying tainted monuments.Ten-Herng Lai - 2020 - European Journal of Philosophy 28 (3):602-616.
    Tainted political symbols ought to be confronted, removed, or at least recontextualized. Despite the best efforts to achieve this, however, official actions on tainted symbols often fail to take place. In such cases, I argue that political vandalism—the unauthorized defacement, destruction, or removal of political symbols—may be morally permissible or even obligatory. This is when, and insofar as, political vandalism serves as fitting counter-speech that undermines the authority of tainted symbols in ways that match their publicity, refuses to let them (...)
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  • Reciprocal libertarianism.Pietro Intropi - 2024 - European Journal of Political Theory 23 (1):23-43.
    Reciprocal libertarianism is a version of left-wing libertarianism that combines self-ownership with an egalitarian distribution of resources according to reciprocity. In this paper, I show that reciprocal libertarianism is a coherent and appealing view. I discuss how reciprocal libertarians can handle conflicts between self-ownership and reciprocity, and I show that reciprocal libertarianism can be realised in a framework of individual ownership of external resources or in a socialist scheme of common ownership (libertarian socialism). I also compare reciprocal libertarianism with left-libertarian (...)
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  • Contrived self‐defense: A case of permissible wrongdoing.Tsung-Hsing Ho - 2021 - Philosophical Forum 52 (3):211-220.
    The Philosophical Forum, Volume 52, Issue 3, Page 211-220, Fall 2021.
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  • Defending the Right To Do Wrong.Ori J. Herstein - 2012 - Law and Philosophy 31 (3):343-365.
    Are there moral rights to do moral wrong? A right to do wrong is a right that others not interfere with the right-holder’s wrongdoing. It is a right against enforcement of duty, that is a right that others not interfere with one’s violation of one’s own obligations. The strongest reason for moral rights to do moral wrong is grounded in the value of personal autonomy. Having a measure of protected choice (that is a right) to do wrong is a condition (...)
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  • Autoridad y legitimación: de vuelta al anarquismo.David Hernández-Zambrano - 2019 - Areté. Revista de Filosofía 31 (1):129-154.
    Este artículo propone reconsiderar, en el marco de la filosofía política, el enfoque tradicional del problema del deber moral de obedecer al Estado. Se postula la relevancia de atender las objeciones del anarquismo filosófico en contra de tal deber, partiendo de algunas críticas esbozadas por R.P. Wolff y J. A. Simmons; dos de los representantes más significativos de esta rama de la filosofía en tiempos contemporáneos. Siguiendo esta línea argumental, se afirma la inexistencia del deber moral de obedecer al Estado, (...)
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  • Power, Fairness and Constrained Choice in Agricultural Markets: A Synthesizing Framework.Mary K. Hendrickson & Harvey S. James - 2016 - Journal of Agricultural and Environmental Ethics 29 (6):945-967.
    The fairness of agricultural markets is frequently invoked, especially by farmers. But fairness is difficult to define and measure. In this paper we link fairness and power with the concept of constrained choice to develop a framework for assessing fairness in agricultural markets. We use network exchange theory to define power from the dependencies that exist in agricultural networks. The structure of agricultural networks and the options that agricultural producers have to participate in agricultural networks affect the degree to which (...)
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  • Managing Scarcity: Toward a More Political Theory of Justice.Robert E. Goodin - 2001 - Philosophical Issues 11 (1):202-228.
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  • Democratic Legitimacy and the Paradox of Persisting Opposition.Iñigo González-Ricoy - 2017 - Journal of Applied Philosophy 34 (1):130-146.
    The paradox of persisting opposition raises a puzzle for normative accounts of democratic legitimacy. It involves an outvoted democrat who opposes a given policy while supporting it. The article makes a threefold contribution to the existing literature. First, it considers pure proceduralist and pure instrumentalist alternatives to solve the paradox and finds them wanting — on normative, conceptual, and empirical grounds. Second, it presents a solution based on a two-level distinction between substantive and procedural legitimacy that shows that citizens are (...)
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  • Privacy and the Importance of ‘Getting Away With It’.Cressida Gaukroger - 2020 - Journal of Moral Philosophy 17 (4):416-439.
    One reason people value privacy is that it allows them to do or think bad things – things that, if made public, would warrant blame, censure, or punishment. Privacy protects several types of freedom – and one of these is the freedom to be bad. This paper will argue that this is a good thing.
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  • Rethinking Acts of Conscience: Personal Integrity, Civility, and the Common Good.Ernesto V. Garcia - 2022 - Philosophy 97 (4):461-483.
    *Runner-up for the 2021 Royal Institute for Philosophy Essay Prize*: What should we think about ‘acts of conscience’, viz., cases where our personal judgments and public authority come into conflict such that principled resistance to the latter seems necessary? Philosophers mainly debate two issues: the Accommodation Question, i.e., ‘When, if ever, should public authority accommodate claims of conscience?’ and the Justification Question, i.e., ‘When, if ever, are we justified in engaging in acts of conscience – and why?’. By contrast, a (...)
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  • Desert and Avoidability in Self-Defense.John Gardner & François Tanguay-Renaud - 2011 - Ethics 122 (1):111-134.
    Jeff McMahan rejects the relevance of desert to the morality of self-defense. In Killing in War he restates his rejection and adds to his reasons. We argue that the reasons are not decisive and that the rejection calls for further attention, which we provide. Although we end up agreeing with McMahan that the limits of morally acceptable self-defense are not determined by anyone’s deserts, we try to show that deserts may have some subsidiary roles in the morality of self-defense. We (...)
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  • What Is the Will Theory of Rights?David Frydrych - 2019 - Ratio Juris 32 (4):455-472.
    This article helps to clear up some misunderstandings about the Will Theory of rights. Section 2 briefly outlines the Theories of Rights. Section 3 elucidates some salient differences amongst self-described anti–Interest Theory accounts. Section 4 rebuts Carl Wellman’s and Arthur Ripstein’s respective arguments about the Will Theory differing from “Choice” or Kantian theories of a right. Section 5 then offers a candidate explanation of why people might subscribe to the Will Theory in the first place.
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  • The Architecture of Rights: Models and Theories.David Frydrych - 2021 - Palgrave Macmillan.
    What is a right? What, if anything, makes rights different from other features of the normative world, such as duties, standards, rules, or principles? Do all rights serve some ultimate purpose? In addition to raising these questions, philosophers and jurists have long been aware that different senses of ‘a right’ abound. To help make sense of this diversity, and to address the above questions, they developed two types of accounts of rights: models and theories. This book explicates rights modelling and (...)
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  • The libertarian straddle: Rejoinder to Palmer and Sciabarra.Jeffrey Friedman - 1998 - Critical Review: A Journal of Politics and Society 12 (3):359-388.
    Palmer's defense of libertarianism as consequentialist runs afoul of his own failure to provide any consequentialist reasons for libertarian conclusions, and of his own defense of nonconsequentialist arguments for the intrinsic value of capitalism‐cum‐negative freedom. As suck, Palmer's article exemplifies the parasitic codependency of consequentialist and nonconsequentialist reasoning in libertarian thought. Sciabarra's defense of Ayn Rand's libertarianism is even more problematic, because in addition to the usual defects of libertarianism, Rand adds a commitment to ethical egoism that contradicts both her (...)
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  • Pluralism or relativism?Jeffrey Friedman - 1997 - Critical Review: A Journal of Politics and Society 11 (4):469-479.
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  • Freedom has no intrinsic value: Liberalism and voluntarism.Jeffrey Friedman - 2013 - Critical Review: A Journal of Politics and Society 25 (1):38-85.
    Deontological (as opposed to consequentialist) liberals treat freedom of action as an end in itself, not a means to other ends. Yet logically, when one makes a deliberate choice, one treats freedom of action as if it were not an end in itself, for one uses this freedom as a means to the ends one hopes to achieve through one's action. The tension between deontology and the logic of choice is reflected in the paradoxical nature of the ?right to do (...)
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  • Good Advice.Patrick Fleming - 2016 - Philosophical Papers 45 (1-2):181-207.
    Advice is interesting because it is a relationship that is built upon two asymmetries. Advice concerns what the advisee ought to do. For that reason, considerations of autonomy suggest that the advisee has a greater claim on what matters in deliberation. However, the advisor is wiser than the advisee. That suggests that the advisor has a greater insight into what matters in deliberation. These are the asymmetry of autonomy and the asymmetry of wisdom. To account for both, I argue for (...)
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  • Obstetric Autonomy and Informed Consent.Jessica Flanigan - 2016 - Ethical Theory and Moral Practice 19 (1):225-244.
    I argue that public officials and health workers ought to respect and protect women’s rights to make risky choices during childbirth. Women’s rights to make treatment decisions ought to be respected even if their decisions expose their unborn children to unnecessary risks, and even if it is wrong to put unborn children at risk. I first defend a presumption of medical autonomy in the context of childbirth. I then draw on women’s birth stories to show that women’s medical autonomy is (...)
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  • VIII-Permissible Rescue Killings.Cécile Fabre - 2009 - Proceedings of the Aristotelian Society 109 (1pt2):149-164.
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  • The Case for Foreign Electoral Subversion.Cécile Fabre - 2018 - Ethics and International Affairs 32 (3):283-292.
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  • Internecine War Killings.Cécile Fabre - 2012 - Utilitas 24 (2):214-236.
    In his recent book Killing in War, McMahan develops a powerful argument for the view that soldiers on opposite sides of a conflict are not morally on a par once the war has started: whether they have the right to kill depends on the justness of their war. In line with just war theory in general, McMahan scrutinizes the ethics of killing the enemy. In this article, I accept McMahan's account, but bring it to bear on the entirely neglected, but (...)
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  • A right to violate one's duty.David Enoch - 2002 - Law and Philosophy 21 (s 4-5):355-384.
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  • Acting in Combination.Robert E. Goodin - 2017 - Philosophy and Public Affairs 45 (2):158-194.
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  • Reasons for Punishment: A Study in Philosophical Translation.Michelle Madden Dempsey - 2020 - Criminal Law and Philosophy 14 (2):189-201.
    This article is a contribution to a symposium on Kit Wellman’s intriguing monograph, Rights Forfeiture and Punishment. Primarily, the article grapples with Wellman’s claims regarding the moral permissibility of sadistic punishment. The metaphor of “philosophical languages” is employed throughout, to compare Wellman’s use of rights-forfeiture discourse to an approach that is grounded in practical-reasons discourse. This study in philosophical translation allows us to reassess and critique Wellman’s conclusions regarding the moral permissibility of sadistic punishment. On one level, the article is (...)
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  • The right not to know and the obligation to know.Ben Davies - 2020 - Journal of Medical Ethics 46 (5):300-303.
    There is significant controversy over whether patients have a ‘right not to know’ information relevant to their health. Some arguments for limiting such a right appeal to potential burdens on others that a patient’s avoidable ignorance might generate. This paper develops this argument by extending it to cases where refusal of relevant information may generate greater demands on a publicly funded healthcare system. In such cases, patients may have an ‘obligation to know’. However, we cannot infer from the fact that (...)
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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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  • A conceptual and (preliminary) normative exploration of waste.Andrew Jason Cohen - 2010 - Social Philosophy and Policy 27 (2):233-273.
    In this paper, I first argue that waste is best understood as (a) any process wherein something useful becomes less useful and that produces less benefit than is lost—where benefit and usefulness are understood with reference to the same metric—or (b) the result of such a process. I next argue for the immorality of waste. My concluding suggestions are that (W1) if one person needs something for her preservation and a second person has it, is avoidably wasting it, and refuses (...)
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  • On the value of political legitimacy.Mathew Coakley - 2011 - Politics, Philosophy and Economics 10 (4):345-369.
    Theories of political legitimacy normally stipulate certain conditions of legitimacy: the features a state must possess in order to be legitimate. Yet there is obviously a second question as to the value of legitimacy: the normative features a state has by virtue of it being legitimate (such as it being owed obedience, having a right to use coercion, or enjoying a general justification in the use of force). I argue that it is difficult to demonstrate that affording these to legitimate (...)
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  • Immigration and Rights: On Wellman's “Stark” Conclusion.Campbell Brown - 2019 - Thought: A Journal of Philosophy 8 (3):232-235.
    Thought: A Journal of Philosophy, EarlyView.
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  • Legitimate Power without Authority: The Transmission Model.Matthias Brinkmann - 2020 - Law and Philosophy 39 (2):119-146.
    Some authors have argued that legitimacy without authority is possible, though their work has not found much uptake in mainstream political philosophy. I provide an improved model how legitimate political institutions without authority are possible, the Transmission Model, which I couple with a thin substantive position, the Moral Value View. I defend the model against three common objections.
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  • Polluting the Polls: When Citizens Should Not Vote.Jason Brennan - 2009 - Australasian Journal of Philosophy 87 (4):535-549.
    Just because one has the right to vote does not mean just any vote is right. Citizens should not vote badly. This duty to avoid voting badly is grounded in a general duty not to engage in collectively harmful activities when the personal cost of restraint is low. Good governance is a public good. Bad governance is a public bad. We should not be contributing to public bads when the benefit to ourselves is low. Many democratic theorists agree that we (...)
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  • No Right to Classified Public Whistleblowing.Eric R. Boot - 2018 - Ratio Juris 31 (1):70-85.
    Given the crucial role unauthorized disclosures can play in uncovering grave government wrongdoing, it makes sense to search for a defense of justified cases of what I call “classified public whistleblowing.” The question that concerns me is what form such a defense should take. The main claim will be a negative one, namely, that a defense of whistleblowing cannot be based on individual rights, be they legal or moral, though this is indeed the most commonly proposed defense. In closing, I (...)
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  • Revisiting the Right to Do Wrong.Renee Jorgensen Bolinger - 2017 - Australasian Journal of Philosophy 95 (1):43-57.
    Rights to do wrong are not necessary even within the framework of interest-based rights aimed at preserving autonomy. Agents can make morally significant choices and develop their moral character without a right to do wrong, so long as we allow that there can be moral variation within the set of actions that an agent is permitted to perform. Agents can also engage in non-trivial self-constitution in choosing between morally indifferent options, so long as there is adequate non-moral variation among the (...)
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  • Sex, Love, and Paternalism.David Birks - 2021 - Ethical Theory and Moral Practice 24 (1):257-270.
    Paternalistic behaviour directed towards a person’s informed and competent decisions is often thought to be morally impermissible. This view is supported by what we can call the Anti-Paternalism Principle. While APP might seem plausible when employed to show the wrongness of paternalism by the state, there are some cases of paternalistic behaviour between private, informed, and competent individuals where APP seems mistaken. This raises a difficulty for supporters of APP. Either they need to reject APP to accommodate our intuitions in (...)
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  • Infinite Regress and Hohfeld: A Comment on Hillel Steiner’s “Directed Duties and Inalienable Rights”.Pierfrancesco Biasetti - 2015 - Ethics 126 (1):139-152.
    In his article “Directed Duties and Inalienable Rights,” Hillel Steiner advances an argument to show that there cannot be inalienable rights. This “impossibility theorem,” as well as providing an interesting result by itself, could break the theoretical deadlock in the debate between proponents of interest theory, on the one hand, and proponents of will theory, on the other. In this article, I comment on Steiner’s argument, and I try to show why it does not work. I then expound a paradoxical (...)
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  • Rights as Democracy.Richard Bellamy - 2012 - Critical Review of International Social and Political Philosophy 15 (4):449-471.
    Like many rights theorists, Peter Jones regards rights as lying outside politics and providing constraints upon it. However, he also concedes that rights are matters of reasonable disagreement and that, as a matter of fairness, disputes about them ought to be resolved democratically. In this paper I develop these concessions to argue that rights require democratic justification and that this can only be provided via a real democratic process in which those involved ?hear the other side?. I relate this argument (...)
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  • Conservative Libertarianism and the Ethics of Borders.Enrique Camacho Beltran - 2015 - Tópicos: Revista de Filosofía 48:227-262.
    Muchos conservadores defienden fronteras cerradas basadas en derechos básicos de asociación. Algunos conservadores son también defensores del principio libertario de legitimidad. No es claro sin embargo que este tipo de defensa de las fronteras cerradas sea coherente con los ideales libertarios. Aquí argumento que los conservadores libertarios de este tipo deben rechazar esa clase de defensa de las fronteras cerradas porque o bien colapsa en algún tipo de estatismo incoherente con el principio libertario de legitimidad o bien colapsa en un (...)
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  • Defending the Suberogatory.Philip Atkins & Ian Nance - 2015 - Journal of Ethics and Social Philosophy (1):1-7.
    Ethicists generally agree that there are supererogatory acts, which are morally good, but not morally obligatory. It is sometimes claimed that, in addition to supererogatory acts, there are suberogatory acts, which are morally bad, but not morally impermissible. According to Julia Driver (1992), the distinction between impermissible acts and suberogatory acts is legitimate and unjustly neglected by ethicists. She argues that certain cases are best explained in terms of the suberogatory. Hallie Rose Liberto (2012) denies the suberogatory on the grounds (...)
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  • On the Uses and Abuses of Celebrity Epistemic Power.Alfred Archer, Mark Alfano & Matthew Dennis - forthcoming - Social Epistemology.
    The testimonies of celebrities affect the lives of their many followers who pay attention to what they say. This gives celebrities a high degree of epistemic power, which has come under close scrutiny during the COVID-19 pandemic. This paper investigates the duties that arise from this power. We argue that celebrities have a negative duty of testimonial justice not to undermine trust in authoritative sources by spreading misinformation or directing attention to untrustworthy sources. Moreover, celebrities have a general imperfect duty (...)
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  • Positive Rights: Two-Person Cases.David Alm - 2022 - Journal of Ethics and Social Philosophy 21 (1).
    The aim of this paper is to analyze the simplest type of case in which need-based positive rights to aid are often attributed. In such "two-person cases" there is just one agent and one patient, and the agent can aid the patient. Two questions are asked about such cases: why does the agent in such a case lack a negative right he would normally have? And why does the patient have a positive right he would not normally have? The main (...)
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  • The claim-right to exclude and the right to do wrong.Sahar Akhtar - forthcoming - Critical Review of International Social and Political Philosophy.
    Most challenges to immigration restrictions have not shown that states lack a claim-right to exclude, or a moral right against outside interference to make membership decisions. And an important, unexamined aspect of the claim-right is that states have the right against interference to wrongfully exclude, or the right to do wrong when making admission decisions. A major implication of this right is that even political or economic measures to affect states’ immigration policies are off the table – significantly compromising the (...)
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  • Legitimacy and institutional purpose.N. P. Adams - 2020 - Critical Review of International Social and Political Philosophy 23 (3):292-310.
    Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in order to be legitimate. (...)
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  • Institutional Legitimacy.N. P. Adams - 2018 - Journal of Political Philosophy:84-102.
    Political legitimacy is best understood as one type of a broader notion, which I call institutional legitimacy. An institution is legitimate in my sense when it has the right to function. The right to function correlates to a duty of non-interference. Understanding legitimacy in this way favorably contrasts with legitimacy understood in the traditional way, as the right to rule correlating to a duty of obedience. It helps unify our discourses of legitimacy across a wider range of practices, especially including (...)
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  • Authority, Illocutionary Accommodation, and Social Accommodation.N. P. Adams - 2020 - Australasian Journal of Philosophy 98 (3):560-573.
    By appeal to the phenomenon of presupposition accommodation, Rae Langton and others have proposed that speakers can gain genuine authority over their audiences when they implicitly claim such autho...
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  • An Instrumentalist Theory of Political Legitimacy.Matthias Brinkmann - 2024 - Oxford: Oxford University Press.
    What justifies political power? Most philosophers argue that consent or democracy are important, in other words, it matters how power is exercised. But this book argues that outcomes primarily matter to justifying power.
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  • A cosmopolitan instrumentalist theory of secession.Daniel Weltman - 2023 - Southern Journal of Philosophy 61 (3):527-551.
    I defend the cosmopolitan instrumentalist theory of secession, according to which a group has a right to secede only if this would promote cosmopolitan justice. I argue that the theory is preferable to other theories of secession because it is an entailment of cosmopolitanism, which is independently attractive, and because, unlike other theories of secession, it allows us to give the answers we want to give in cases like secession of the rich or secession that would make things worse for (...)
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  • Freedom and Viruses.Kieran Oberman - 2022 - Ethics 132 (4):817-850.
    A common argument against lockdowns is that they restrict freedom. On this view, lockdowns might be effective in protecting public health, but their impact on freedom is purely negative. This article challenges that view. It argues that while lockdowns restrict freedom, so too do viruses. Since viruses restrict freedom and lockdowns protect us from viruses, lockdowns can protect us from the harmful effects that viruses have on freedom. The problem we face is not necessarily freedom versus public health. Sometimes it (...)
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  • For Free Speech, “Religious Offense,” and “Undermining Self-Respect”: A Reply to Bonotti and Seglow.Uwe Steinhoff - manuscript
    Recent arguments trying to justify further free speech restrictions by appealing to harms that are allegedly serious enough to warrant such restrictions regularly fail to provide sufficient empirical evidence and normative argument. This is also true for the attempt made by Bonotti and Seglow. They offer no valid argument for their claim that it is wrong to direct “religiously offensive speech” at “unjustly disadvantaged” minorities (thereby allegedly undermining their “self-respect”), nor for their further claim that this is not the case (...)
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  • A Moral Defense of Prostitution.Rob Lovering - 2021 - New York: Palgrave Macmillan.
    Is prostitution immoral? In this book, Rob Lovering argues that it is not. Offering a careful and thorough critique of the many―twenty, to be exact―arguments for prostitution's immorality, Lovering leaves no claim unchallenged. Drawing on the relevant literature along with his own creative thinking, Lovering offers a clear and reasoned moral defense of the world's oldest profession. Lovering demonstrates convincingly, on both consequentialist and nonconsequentialist grounds, that there is nothing immoral about prostitution between consenting adults. The legal implications of this (...)
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