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The Bite of Rights in Paternalism

In Thomas Schramme, New Perspectives on Paternalism and Health Care. Cham: Springer Verlag (2015)

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  1. (5 other versions)Principles of biomedical ethics.Tom L. Beauchamp - 1989 - New York: Oxford University Press. Edited by James F. Childress.
    Over the course of its first seven editions, Principles of Biomedical Ethics has proved to be, globally, the most widely used, authored work in biomedical ethics. It is unique in being a book in bioethics used in numerous disciplines for purposes of instruction in bioethics. Its framework of moral principles is authoritative for many professional associations and biomedical institutions-for instruction in both clinical ethics and research ethics. It has been widely used in several disciplines for purposes of teaching in the (...)
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  • Anarchy, State, and Utopia.Robert Nozick - 1974 - New York: Basic Books.
    Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.
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  • Reasons and Persons.Derek Parfit - 1984 - Oxford, GB: Oxford University Press.
    Challenging, with several powerful arguments, some of our deepest beliefs about rationality, morality, and personal identity, Parfit claims that we have a false view about our own nature. It is often rational to act against our own best interersts, he argues, and most of us have moral views that are self-defeating. We often act wrongly, although we know there will be no one with serious grounds for complaint, and when we consider future generations it is very hard to avoid conclusions (...)
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  • Thinking, Fast and Slow.Daniel Kahneman - 2011 - New York: New York: Farrar, Straus and Giroux.
    In the international bestseller, Thinking, Fast and Slow, Daniel Kahneman, the renowned psychologist and winner of the Nobel Prize in Economics, takes us on a groundbreaking tour of the mind and explains the two systems that drive the way we think. System 1 is fast, intuitive, and emotional; System 2 is slower, more deliberative, and more logical. The impact of overconfidence on corporate strategies, the difficulties of predicting what will make us happy in the future, the profound effect of cognitive (...)
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  • Epistemic injustice: power and the ethics of knowing.Miranda Fricker - 2007 - New York: Oxford University Press.
    Fricker shows that virtue epistemology provides a general epistemological idiom in which these issues can be forcefully discussed.
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  • Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy.Jurgen Habermas (ed.) - 1996 - Polity.
    In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the work, (...)
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  • (3 other versions)Freedom of the will and the concept of a person.Harry G. Frankfurt - 1971 - Journal of Philosophy 68 (1):5-20.
    It is my view that one essential difference between persons and other creatures is to be found in the structure of a person's will. Besides wanting and choosing and being moved to do this or that, men may also want to have certain desires and motives. They are capable of wanting to be different, in their preferences and purposes, from what they are. Many animals appear to have the capacity for what I shall call "first-order desires" or "desires of the (...)
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  • The idea of justice.Amartya Sen - 2009 - Cambridge: Belknap Press of Harvard University Press.
    And in this book the distinguished scholar Amartya Sen offers a powerful critique of the theory of social justice that, in its grip on social and political ...
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  • Taking rights seriously.Ronald Dworkin (ed.) - 1977 - London: Duckworth.
    This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.
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  • (2 other versions)The metaphysics of morals.Immanuel Kant - 1797 - New York: Cambridge University Press. Edited by Mary J. Gregor.
    The Metaphysics of Morals is Kant's major work in applied moral philosophy in which he deals with the basic principles of rights and of virtues. It comprises two parts: the 'Doctrine of Right', which deals with the rights which people have or can acquire, and the 'Doctrine of Virtue', which deals with the virtues they ought to acquire. Mary Gregor's translation, revised for publication in the Cambridge Texts in the History of Philosophy series, is the only complete translation of the (...)
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  • The Morality of Freedom.Joseph Raz - 1986 - Oxford, GB: Oxford University Press.
    Ranging over central issues of morals and politics and the nature of freedom and authority, this study examines the role of value-neutrality, rights, equality, ...
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  • What is the point of equality.Elizabeth Anderson - 1999 - Ethics 109 (2):287-337.
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  • Just Health: Meeting Health Needs Fairly.Norman Daniels - 2007 - Cambridge University Press.
    In this book by the award-winning author of Just Healthcare, Norman Daniels develops a comprehensive theory of justice for health that answers three key questions: what is the special moral importance of health? When are health inequalities unjust? How can we meet health needs fairly when we cannot meet them all? Daniels' theory has implications for national and global health policy: can we meet health needs fairly in ageing societies? Or protect health in the workplace while respecting individual liberty? Or (...)
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  • (2 other versions)The Morality of Freedom.Joseph Raz - 1986 - Philosophy 63 (243):119-122.
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  • Liberalism Without Perfection.Jonathan Quong - 2010 - Oxford University Press.
    Liberalism without Perfection offers an introduction to the debate between liberal perfectionism and political liberalism. This book is a new account and defence of Rawlsian political liberalism, one of the most discussed, but widely misunderstood and criticized theories in contemporary political theory.
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  • Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy.Frank I. Michelman & Jurgen Habermas - 1996 - Journal of Philosophy 93 (6):307.
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  • Strangers to Ourselves: Discovering the Adaptive Unconscious.Timothy Wilson - 2002 - Cambridge, Mass.: Harvard University Press.
    This is not your psychoanalyst's unconscious.
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  • Autonomy and Trust in Bioethics.Onora O'Neill - 2002 - New York: Cambridge University Press.
    Why has autonomy been a leading idea in philosophical writing on bioethics, and why has trust been marginal? In this important book, Onora O'Neill suggests that the conceptions of individual autonomy so widely relied on in bioethics are philosophically and ethically inadequate, and that they undermine rather than support relations of trust. She shows how Kant's non-individualistic view of autonomy provides a stronger basis for an approach to medicine, science and biotechnology, and does not marginalize untrustworthiness, while also explaining why (...)
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  • Just Health Care.Norman Daniels - 1985 - New York: Cambridge University Press.
    How should medical services be distributed within society? Who should pay for them? Is it right that large amounts should be spent on sophisticated technology and expensive operations, or would the resources be better employed in, for instance, less costly preventive measures? These and others are the questions addreses in this book. Norman Daniels examines some of the dilemmas thrown up by conflicting demands for medical attention, and goes on to advance a theory of justice in the distribution of health (...)
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  • Sour Grapes: Studies in the Subversion of Rationality.Jon Elster - 1983 - New York: Cambridge University Press.
    Drawing on philosophy, political and social theory, decision-theory, economics, psychology, history and literature, Jon Elster's classic book Sour Grapes continues and complements the arguments of his acclaimed earlier book, Ulysses and the Sirens. Elster begins with an analysis of the notation of rationality, before tackling the notions of irrational behavior, desires and belief with highly sophisticated arguments that subvert the orthodox theories of rational choice. Presented in a fresh series livery and with a specially commissioned preface written by Richard Holton, (...)
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  • (1 other version)Groundwork of the Metaphysics of Morals.Immanuel Kant - 1996 - In Mary J. Gregor, Practical Philosophy. Cambridge University Press. pp. 37-108.
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  • (1 other version)Telling more than we can know: Verbal reports on mental processes.Richard E. Nisbett & Timothy D. Wilson - 1977 - Psychological Review; Psychological Review 84 (3):231.
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  • (1 other version)On Liberty.John Stuart Mill - 1859 - Broadview Press.
    Mill predicted that "[t]he Liberty is likely to survive longer than anything else that I have written...because the conjunction of [Harriet Taylor’s] mind with mine has rendered it a kind of philosophic text-book of a single truth, which the changes progressively taking place in modern society tend to bring out in ever greater relief." Indeed, On Liberty is one of the most influential books ever written, and remains a foundational document for the understanding of vital political, philosophical and social issues. (...)
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  • What is equality? Part 2: Equality of resources.Ronald Dworkin - 1981 - Philosophy and Public Affairs 10 (4):283 - 345.
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  • What is equality? Part 1: Equality of welfare.Ronald Dworkin - 1981 - Philosophy and Public Affairs 10 (3):185-246.
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  • (2 other versions)The morality of freedom.J. Raz - 1986 - Revue Philosophique de la France Et de l'Etranger 178 (1):108-109.
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  • Delusions and Other Irrational Beliefs.Lisa Bortolotti - 2009 - Oxford University Press. Edited by K. W. M. Fulford, John Sadler, Stanghellini Z., Morris Giovanni, Bortolotti Katherine, Broome Lisa & Matthew.
    Delusions are a common symptom of schizophrenia and dementia. Though most English dictionaries define a delusion as a false opinion or belief, there is currently a lively debate about whether delusions are really beliefs and indeed, whether they are even irrational. The book is an interdisciplinary exploration of the nature of delusions. It brings together the psychological literature on the aetiology and the behavioural manifestations of delusions, and the philosophical literature on belief ascription and rationality. The thesis of the book (...)
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  • (1 other version)Equality and equal opportunity for welfare.Richard J. Arneson - 1989 - Philosophical Studies 56 (1):77 - 93.
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  • The philosophy of evidence-based medicine.Jeremy Howick - 2011 - Chichester, West Sussex, UK: Wiley-Blackwell, BMJ Books.
    The philosophy of evidence-based medicine -- What is EBM? -- What is good evidence for a clinical decision? -- Ruling out plausible rival hypotheses and confounding factors : a method -- Resolving the paradox of effectiveness : when do observational studies offer the same degree of evidential support as randomized trials? -- Questioning double blinding as a universal methodological virtue of clinical trials : resolving the Philip's paradox -- Placebo controls : problematic and misleading baseline measures of effectiveness -- Questioning (...)
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  • Harm to Self.Joel Feinberg - 1986 - Oxford University Press USA.
    This is the third volume of Joel Feinberg's highly regarded The Moral Limits of the Criminal Law, a four-volume series in which Feinberg skillfully addresses a complex question: What kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens? In Harm to Self, Feinberg offers insightful commentary into various notions attached to self-inflicted harm, covering such topics as legal paternalism, personal sovereignty and its boundaries, voluntariness and assumptions of risk, consent and its counterfeits, (...)
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  • Harm to Others.Joel Feinberg - 1984 - Oxford University Press USA.
    This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.
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  • (1 other version)Paternalism.Gerald Dworkin - 1972 - The Monist 56 (1):64-84.
    I take as my starting point the “one very simple principle” proclaimed by Mill in On Liberty … “That principle is, that the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. He cannot rightfully be compelled to do (...)
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  • What is Egalitarianism?Samuel Scheffler - 2003 - Philosophy and Public Affairs 31 (1):5-39.
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  • Patterns of Moral Complexity.Charles E. Larmore - 1987 - New York: Cambridge University Press.
    Larmore aims to recover three forms of moral complexity that have often been neglected by moral and political philosophers. First, he argues that virtue is not simply the conscientious adherence to principle. Rather, the exercise of virtue apply. He argues - and this is the second pattern of complexity - that recognizing the value of constitutive ties with shared forms of life does not undermine the liberal ideal of political neutrality toward differing ideals of the good life. Finally Larmore agrues (...)
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  • Real freedom for all: what (if anything) can justify capitalism?Philippe van Parijs - 1995 - New York: Oxford University Press.
    Capitalist societies are full of unacceptable inequalities. Freedom is of paramount importance. These two convictions, widely shared around the world, seem to be in direct contradiction with each other. Fighting inequality jeopardizes freedom, and taking freedom seriously boosts inequality. Can this conflict be resolved? In this ground-breaking book, Philippe Van Parijs sets a new and compelling case for a just society. Assessing and rejecting the claims of both socialism and conventional capitalism, he presents a clear and compelling alternative vision of (...)
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  • (1 other version)The foundations of bioethics.Hugo Tristram Engelhardt - 1996 - New York: Oxford University Press.
    The book challenges the values of much of contemporary bioethics and health care policy by confronting their failure to secure the moral norms they seek to apply.
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  • Epistemology and the Psychology of Human Judgment.Michael A. Bishop & J. D. Trout - 2004 - New York: OUP USA. Edited by J. D. Trout.
    Bishop and Trout here present a unique and provocative new approach to epistemology. Their approach aims to liberate epistemology from the scholastic debates of standard analytic epistemology, and treat it as a branch of the philosophy of science. The approach is novel in its use of cost-benefit analysis to guide people facing real reasoning problems and in its framework for resolving normative disputes in psychology. Based on empirical data, Bishop and Trout show how people can improve their reasoning by relying (...)
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  • (1 other version)On liberty.John Stuart Mill - 2000 - In Steven M. Cahn, Exploring Philosophy: An Introductory Anthology. New York, NY, United States of America: Oxford University Press USA. pp. 519-522.
    This was scanned from the 1909 edition and mechanically checked against a commercial copy of the text from CDROM. Differences were corrected against the paper edition. The text itself is thus a highly accurate rendition. The footnotes were entered manually.
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  • (5 other versions)The Right and the Good.W. D. Ross - 1935 - Revue Philosophique de la France Et de l'Etranger 119 (1):124-124.
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  • The moral limits of the criminal law.Joel Feinberg - 1984 - New York: Oxford University Press.
    In this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including the (...)
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  • Intricate Ethics: Rights, Responsibilities, and Permissible Harm.F. M. Kamm - 2006 - New York, US: Oxford University Press USA.
    In Intricate Ethics, Kamm questions the moral importance of some non-consequentialist distinctions and then introduces and argues for the moral importance of other distinctions. The first section discusses nonconsequentialist ethical theory and the trolley problem; the second deals with the notions of moral status and rights; the third takes up the issues of responsibility and complicity and the possible moral significance of distance; and the fourth section analyzes the views of others in the non-consequentialist and consequentialist camps.
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  • Essays on Bentham: Jurisprudence and Political Philosophy.Herbert Lionel Adolphus Hart - 1982 - Oxford University Press.
    In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria; and his conversion to democratic radicalism and a passionate admiration for the United States.
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  • The child's right to an open future.Joel Feinberg - 2006 - In Randall Curren, Philosophy of Education: An Anthology. Malden, MA: Wiley-Blackwell.
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  • Paternalism, Unconscionability Doctrine, and Accommodation.Seana Valentine Shiffrin - 2000 - Philosophy and Public Affairs 29 (3):205-250.
    The unconscionability doctrine in contract law enables a court to decline to enforce a contract whose terms are seriously one-sided, exploitative, or otherwise manifestly unfair. It is often criticized for being paternalist. The essay argues that the characterization of unconscionability doctrine as paternalist reflects common but misleading thought about paternalism and obscures more important issues about autonomy and social connection. The defense responds to another criticism: that unconscionability doctrine is an inappropriate, because economically inefficient, egalitarian tool. The final part discusses (...)
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  • Two Concepts of Liberty.Isaiah Berlin - 2002 - In Liberty. Oxford University Press.
    This lecture insisted upon negative liberty as the political complement to the human capacity for free choice, and made matching metaphysical claims: the nature of being, and especially the conflicts amongst values, were inconsistent with totalitarian claims. Berlin, arguing along this line, provided an account of the perversion of positive liberty into a warrant for such claims, discussed nationalism, and emphasized the value‐pluralism, now linked so frequently with his name.
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  • Picoeconomics.George Ainslie - 1992 - Behavior and Philosophy 20:89-94.
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  • Luck egalitarianism and prioritarianism.Richard J. Arneson - 2000 - Ethics 110 (2):339-349.
    In her recent, provocative essay “What Is the Point of Equality?”, Elizabeth Anderson argues against a common ideal of egalitarian justice that she calls “ luck egalitarianism” and in favor of an approach she calls “democratic equality.”1 According to the luck egalitarian, the aim of justice as equality is to eliminate so far as is possible the impact on people’s lives of bad luck that falls on them through no fault or choice of their own. In the ideal luck egalitarian (...)
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  • Genethics: Moral Issues in the Creation of People.David Heyd - 1992 - Berkeley: University of California Press.
    Unprecedented advances in medicine, genetic engineering, and demographic forecasting raise new questions that strain the categories and assumptions of traditional ethical theories. Heyd's approach resolves many paradoxes in intergenerational justice, while offering a major test case for the profound problems of the limits of ethics and the nature of value.
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  • Coercion.Robert Nozick - 1969 - In White Morgenbesser, Philosophy, Science, and Method: Essays in Honor of Ernest Nagel. St Martin's Press. pp. 440--72.
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  • Against autonomy: justifying coercive paternalism.Sarah Conly - 2012 - Journal of Medical Ethics 40 (5):349-349.
    Too often, we as individuals do things that harm us, that seriously interfere with our being able to live in the way that we want. We eat food that makes us obese, that promotes diabetes, heart failure and other serious illness, while at the same time, we want to live long and healthy lives. Too many of us smoke cigarettes, even while acknowledging we wish we had never begun. We behave in ways that undercut our ability to reach some of (...)
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