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Grounding procedural rights

Legal Theory (1):3-25 (2019)

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  1. Indirect consequentialism, friendship, and the problem of alienation.Dean Cocking & Justin Oakley - 1995 - Ethics 106 (1):86-111.
    In this article we argue that the worries about whether a consequentialist agent will be alienated from those who are special to her go deeper than has so far been appreciated. Rather than pointing to a problem with the consequentialist agent's motives or purposes, we argue that the problem facing a consequentialist agent in the case of friendship concerns the nature of the psychological disposition which such an agent would have and how this kind of disposition sits with those which (...)
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  • The Rights Forfeiture Theory of Punishment.Christopher Heath Wellman - 2012 - Ethics 122 (2):371-393.
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  • Procedural rights.Christopher Heath Wellman - 2014 - Legal Theory 20 (4):286-306.
    In this essay, I argue that absent special circumstances, there are no moral, judicial procedural rights. I divide this essay into four main sections. First, I argue that there is no general moral right against double jeopardy. Next, I explain why punishing a criminal without first establishing her guilt via a fair trial does not necessarily violate her rights. In the third section, I respond to a number of possible objections. And finally, I consider the implications of my arguments for (...)
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  • Towards a right against risking.John Oberdiek - 2009 - Law and Philosophy 28 (4):367 - 392.
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  • Risky Killing and the Ethics of War.Seth Lazar - 2015 - Ethics 126 (1):91-117.
    Killing civilians is worse than killing soldiers. Although this principle is widely affirmed, recent military practice and contemporary just war theory have undermined it. This article argues that killing an innocent person is worse the likelier it was, when you acted, that he would be innocent: riskier killings are worse than less risky killings. In war, killing innocent civilians is almost always riskier than killing innocent soldiers. So killing innocent civilians is worse than killing innocent soldiers. Since almost all civilians (...)
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