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On the margins: personhood and moral status in marginal cases of human rights

Dissertation, University of Birmingham (2020)

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  1. The way we reason now: reflective equilibrium in bioethics.John D. Arras - 2007 - In Bonnie Steinbock (ed.), The Oxford handbook of bioethics. New York: Oxford University Press. pp. 46--71.
    This article begins with some preliminary remarks about the general features and basic varieties of reflective equilibrium in moral reflection. It then considers a couple of preliminary doubts about this method. One of these doubts claims that the most plausible interpretation of RE is so comprehensive that it risks paralyzing our thinking, while the other claims that this same version of RE is insufficiently determinate in practical contexts and will thus fail to be sufficiently action-guiding. The article then explicates the (...)
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  • Ethical Extensionism under Uncertainty of Sentience: Duties to Non-Human Organisms without Drawing a Line.Kai M. A. Chan - 2011 - Environmental Values 20 (3):323-346.
    Ethical extensionism generally involves drawing one or more lines of moral standing. I argue for all living organisms, there is a non- zero probability of sentience and consciousness, and we cannot justify excluding beings from consideration on the basis of uncertainty of their sentience, etc., and rather we should incorporate this uncertainty into the strength of our moral responsibilities. This use of probabilities differs critically from multi-criteria theories of moral standing and those that assign benefit of the doubt, which involve (...)
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  • On human rights.James Griffin - 2008 - New York: Oxford University Press.
    It is our job now - the job of this book - to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.
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  • 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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  • Epistemic dimensions of personhood.Simon Evnine - 2008 - New York: Oxford University Press.
    Simon Evnine examines various epistemic aspects of what it is to be a person. Persons are defined as finite beings that have beliefs, including second-order beliefs about their own and others' beliefs, and are agents, capable of making long-term plans. It is argued that for any being meeting these conditions, a number of epistemic consequences obtain. First, all such beings must have certain logical concepts and be able to use them in certain ways. Secondly, there are at least two principles (...)
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  • On the moral and legal status of abortion.Mary Anne Warren - 1973 - The Monist 57 (1):43-61.
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  • An essay on rights.Hillel Steiner - 1994 - Oxford, UK ;: Blackwell.
    This book addresses the perennial question: What is justice?
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  • What is speciesism?Oscar Horta - 2010 - Journal of Agricultural and Environmental Ethics 23 (3):243-266.
    In spite of the considerable literature nowadays existing on the issue of the moral exclusion of nonhuman animals, there is still work to be done concerning the characterization of the conceptual framework with which this question can be appraised. This paper intends to tackle this task. It starts by defining speciesism as the unjustified disadvantageous consideration or treatment of those who are not classified as belonging to a certain species. It then clarifies some common misunderstandings concerning what this means. Next, (...)
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  • The Moral Status of Children.Julie Tannenbaum & Agnieszka Jaworska - 2018 - In Anca Gheaus, Gideon Calder & Jurgen de Wispelaere (eds.), The Routledge Handbook of the Philosophy of Childhood and Children. New York: Routledge. pp. 67-78.
    Broadly speaking, an entity has moral status if and only if it or its interest matters morally for its own sake. Some philosophers, who think of moral status in terms of duties and rights owed to an entity, allow that moral status can come in degrees, with only some beings having status of the highest degree – that is, full moral status (FMS). We critically review the competing accounts of what qualifies one for FMS. Some accounts demand cognitive sophistication, which (...)
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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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  • Discrimination in Terms of Moral Exclusion.Oscar Horta - 2010 - Theoria 76 (4):314-332.
    This article tries to define what discrimination is and to understand in particular detail its most important instances: those in which the satisfaction of interests is at stake. These cases of discrimination will be characterized in terms of deprivations of benefits. In order to describe and classify them we need to consider three different factors: the benefits of which discriminatees are deprived, the criteria according to which such benefits are denied or granted, and the justification that such deprivation of benefits (...)
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  • Moral saints.Susan Wolf - 1982 - Journal of Philosophy 79 (8):419-439.
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  • What we owe to each other.Thomas Scanlon - 1998 - Cambridge, Mass.: Belknap Press of Harvard University Press.
    In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other.
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  • A defense of abortion.Judith Jarvis Thomson - 1971 - Philosophy and Public Affairs 1 (1):47-66.
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  • Why abortion is immoral.Don Marquis - 1989 - Journal of Philosophy 86 (4):183-202.
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  • What, if anything, renders all humans morally equal?Richard J. Arneson - 1999 - In . Blackwell. pp. 103-28.
    All humans have an equal basic moral status. They possess the same fundamental rights, and the comparable interests of each person should count the same in calculations that determine social policy. Neither supposed racial differences, nor skin color, sex, sexual orientation, ethnicity, intelligence, nor any other differences among humans negate their fundamental equal worth and dignity. These platitudes are virtually universally affirmed. A white supremacist racist or an admirer of Adolf Hitler who denies them is rightly regarded as beyond the (...)
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  • Discrimination & Disrespect.Erin Beeghly - 2017 - In Kasper Lippert-Rasmussen (ed.), The Routledge Handbook of the Ethics of Discrimination. New York: Routledge. pp. 83 - 96.
    In this essay, I explore the view that wrongful discrimination is disrespectful. In section 1, I articulate three conceptions of disrespect, each of which provides a special way to understand the way in which wrongful discrimination is disrespectful. In section 2, I ask what it would take for any of these conceptions to serve as the basis for a plausible theory of wrongful discrimination. I argue that any adequate theory of wrongful discrimination must be able to do two things well: (...)
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  • Animal rights, one step at a time.Steven M. Wise - 2004 - In Cass R. Sunstein & Martha Craven Nussbaum (eds.), Animal rights: current debates and new directions. New York: Oxford University Press. pp. 19.
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  • Eating Meat and Eating People.Cora Diamond & Kenan Professor - 2004 - In Cass R. Sunstein & Martha Craven Nussbaum (eds.), Animal rights: current debates and new directions. New York: Oxford University Press.
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  • What is it like to be a bat?Thomas Nagel - 2004 - In Tim Crane & Katalin Farkas (eds.), Metaphysics: A Guide and Anthology. Oxford University Press UK.
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  • Contractualism and Utilitarianism.T. M. Scanlon - 1998 - In James Rachels (ed.), Ethical Theory 2: Theories About How We Should Live. Oxford University Press UK.
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  • An Introduction to the Principles of Morals and Legislation.Jeremy Bentham - 1780 - New York: Dover Publications. Edited by J. H. Burns & H. L. A. Hart.
    Bentham's best-known book stands as a classic of both philosophy and jurisprudence. The 1789 work articulates an important statement of the foundations of utilitarian philosophy — it also represents a pioneering study of crime and punishment. Bentham's reasoning remains central to contemporary debates in moral and political philosophy, economics, and legal theory.
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  • The hard problem of AI rights.Adam J. Andreotta - 2021 - AI and Society 36 (1):19-32.
    In the past few years, the subject of AI rights—the thesis that AIs, robots, and other artefacts (hereafter, simply ‘AIs’) ought to be included in the sphere of moral concern—has started to receive serious attention from scholars. In this paper, I argue that the AI rights research program is beset by an epistemic problem that threatens to impede its progress—namely, a lack of a solution to the ‘Hard Problem’ of consciousness: the problem of explaining why certain brain states give rise (...)
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  • Can Animals Be Moral?Mark Rowlands - 2012 - New York, US: Oup Usa.
    Can animals act morally? Philosophical tradition answers 'no,' and has apparently convincing arguments on its side. Cognitive ethology supplies a growing body of empirical evidence that suggests these arguments are wrong. This groundbreaking book assimilates both philosophical and ethological frameworks into a unified whole and argues for a qualified 'yes.'.
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  • A Theory of Justice: Revised Edition.John Rawls - 1999 - Harvard University Press.
    Previous edition, 1st, published in 1971.
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  • Kant on Human Dignity.Oliver Sensen - 2011 - De Gruyter.
    Immanuel Kant is often considered to be the source of the contemporary idea of human dignity, but his conception of human dignity and its relation to human value and to the requirement to respect others have not been widely understood. Kant on Human Dignity offers the first in-depth study in English of this subject. Based on a comprehensive analysis of all the passages in which Kant uses the term ;dignity, as well as an analysis of the most prominent arguments for (...)
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  • Beyond Roe: Why Abortion Should Be Legal--Even If the Fetus is a Person.David Boonin - 2019 - Oup Usa.
    Most arguments for or against abortion focus on one question: is the fetus a person? In this provocative and important book, David Boonin defends the claim that even if the fetus is a person with the same right to life you and I have, abortion should still be legal, and most current restrictions on abortion should be abolished.
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  • Duty and the Beast: Should We Eat Meat in the Name of Animal Rights?Andy Lamey - 2019 - Cambridge, UK: Cambridge University Press.
    The moral status of animals is a subject of controversy both within and beyond academic philosophy, especially regarding the question of whether and when it is ethical to eat meat. A commitment to animal rights and related notions of animal protection is often thought to entail a plant-based diet, but recent philosophical work challenges this view by arguing that, even if animals warrant a high degree of moral standing, we are permitted - or even obliged - to eat meat. Andy (...)
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  • Human Dignity and Human Rights.Pablo Gilabert - 2019 - Oxford: Oxford University Press.
    Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? -/- This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this network is a core notion of human dignity as (...)
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  • Abortion Rights: For and Against.Kate Greasley & Christopher Kaczor - 2017 - Cambridge University Press.
    This book features opening arguments followed by two rounds of reply between two moral philosophers on opposing sides of the abortion debate. In the opening essays, Kate Greasley and Christopher Kaczor lay out what they take to be the best case for and against abortion rights. In the ensuing dialogue, they engage with each other's arguments and each responds to criticisms fielded by the other. Their conversational argument explores such fundamental questions as: what gives a person the right to life? (...)
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  • Grounding for the Metaphysics of Morals: With on a Supposed Right to Lie Because of Philanthropic Concerns.Immanuel Kant - 1992 - Hackett Publishing Company.
    This expanded edition of James Ellington’s preeminent translation includes Ellington’s new translation of Kant’s essay Of a Supposed Right to Lie Because of Philanthropic Concerns in which Kant replies to one of the standard objections to his moral theory as presented in the main text: that it requires us to tell the truth even in the face of disastrous consequences.
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  • Justice and the Politics of Difference.Iris Marion Young - 1990 - Princeton University Press.
    In this classic work of feminist political thought, Iris Marion Young challenges the prevailing reduction of social justice to distributive justice.
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  • Respect for persons, autonomy and palliative care.Simon Woods - 2005 - Medicine, Health Care and Philosophy 8 (2):243-253.
    This paper explores some of the values that underpin health care and how these relate more specifically to the values and ethics of palliative care. The paper focuses on the concept of autonomy because autonomy has emerged as a foundational concept in contemporary health care ethics and because this is an opportunity to scratch the surface of this concept in order to reveal something of its complexity, a necessary precaution when applying the concept to the context of palliative care. The (...)
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  • Meaningfulness: A Third Dimension of the Good Life.Susan Wolf - 2016 - Foundations of Science 21 (2):253-269.
    This paper argues that an adequate conception of a good life should recognize, in addition to happiness and morality, a third dimension of meaningfulness. It further proposes that we understand meaningfulness as involving both a subjective and an objective condition, suitably linked. Meaning arises when subjective attraction meets objective attractiveness. In other words one’s life is meaningful insofar as one is gripped or excited by things worthy of one’s love, and one is able to do something positive about it. The (...)
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  • Public Reason and Prenatal Moral Status.Jeremy Williams - 2015 - The Journal of Ethics 19 (1):23-52.
    This paper provides a new analysis and critique of Rawlsian public reason’s handling of the abortion question. It is often claimed that public reason is indeterminate on abortion, because it cannot say enough about prenatal moral status, or give content to the (allegedly) political value which Rawls calls ‘respect for human life’. I argue that public reason requires much greater argumentative restraint from citizens debating abortion than critics have acknowledged. Beyond the preliminary observation that fetuses do not meet the criteria (...)
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  • Sharing the Earth: A Biocentric Account of Ecological Justice.Anna Https://Orcidorg Wienhues - 2017 - Journal of Agricultural and Environmental Ethics 30 (3):367-385.
    Although ethical and justice arguments operate in two distinct levels—justice being a more specific concept—they can easily be conflated. A robust justification of ecological justice requires starting at the roots of justice, rather than merely giving, for example, an argument for why certain non-human beings have moral standing of some kind. Thus, I propose that a theory of ecological justice can benefit from a four-step justification for the inclusion of non-human beings into the community of justice, starting with Hume’s circumstances (...)
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  • The Nature of Claim-Rights.Leif Wenar - 2013 - Ethics 123 (2):202-229.
    This is a new analysis of rights, particularly of the paradigm: the claim-right. The new analysis makes better sense of rights than the leading alternatives do. The new analysis handles all of the well-known counterexamples to the Will and Interest theories; it seems not to generate counterexamples of its own; and it solves many long-standing puzzles in the theory of rights. Moreover, the central concepts of the new theory are as salient and forceful as are rights themselves.
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  • On Conflicts between Rights.Christopher Heath Wellman - 1995 - Law and Philosophy 14 (3/4):271 - 295.
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  • Rights in conflict.Jeremy Waldron - 1989 - Ethics 99 (3):503-519.
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  • On the dignity of man in Kant.Dietmar von der Pfordten - 2009 - Philosophy 84 (3):371-391.
    The contribution starts with the observation that Kant mentioned Human Dignity in his main works with great variety in emphasis. In the 'Grundlegung' from 1785 we find a significant treatment and again in the 'Tugendlehre' from 1798 but none in the 'Kritik der Praktischen Vernunft' from 1788 and in the 'Rechtslehre' from 1797. This needs an explanation. In the 'Grundlegung' human dignity is not attached to the second formula of the categorical imperative, the formula of self-purposefulness, as it is often (...)
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  • Relational autonomy in action: Rethinking dementia and sexuality in care facilities.Elizabeth Victor & Laura Guidry-Grimes - 2019 - Nursing Ethics 26 (6):1654-1664.
    Background: Caregivers and administrators in long-term facilities have fragile moral work in caring for residents with dementia. Residents are susceptible to barriers and vulnerabilities associated with the most intimate aspects of their lives, including how they express themselves sexually. The conditions for sexual agency are directly affected by caregivers’ perceptions and attitudes, as well as facility policies. Objective: This article aims to clarify how to approach capacity determinations as it relates to sexual activity, propose how to theorize about patient autonomy (...)
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  • In Defence of the Will Theory of Rights.Siegfried Van Duffel - 2012 - Res Publica 18 (4):321-331.
    Nicholas Vrousalis has aimed to recast an old objection to the will theory of rights by focusing on Hillel Steiner’s version of that theory. He has argued that Will Theory must either be insensitive to the (values of the) lives of the unempowerable, or be incomplete, because it has no argumentative resources within its conceptual apparatus to ascribe or justify restrictions on the amount of discretion exercised by legal officials. I show that both charges are problematic. They rely on some (...)
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  • The Biosemiotic Glossary Project: Agent, Agency.Morten Tønnessen - 2015 - Biosemiotics 8 (1):125-143.
    The current article is the first in a series of review articles addressing biosemiotic terminology. The biosemiotic glossary project is inclusive and designed to integrate views of a representative group of members within the biosemiotic community based on a standard survey and related publications. The methodology section describes the format of the survey conducted in November–December 2013 in preparation of the current review and targeted on the terms ‘agent’ and ‘agency’. Next, I summarize denotation, synonyms and antonyms, with special emphasis (...)
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  • Taking rights out of human rights.John Tasioulas - 2010 - Ethics 120 (4):647-678.
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  • Human Rights, Legitimacy, and International Law.John Tasioulas - 2013 - American Journal of Jurisprudence 58 (1):1-25.
    The article begins with reflections on the nature, and basis, of human rights considered as moral standards. It recommends an orthodox view of their nature, as moral rights possessed by all human beings simply in virtue of their humanity and discoverable through the workings of natural reason, that makes them strongly continuous with natural rights. It then offers some criticisms of recent attempts to depart from orthodoxy by explicating human rights by reference to the supposedly constitutive connection they bear to (...)
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  • Are human rights essentially triggers for intervention?John Tasioulas - 2009 - Philosophy Compass 4 (6):938-950.
    The orthodox conception of human rights holds that human rights are moral rights possessed by all human beings simply in virtue of their humanity. In recent years, advocates of a 'political' conception of human rights have criticized this view on the grounds that it overlooks the distinctive political function performed by human rights. This article evaluates the arguments of two such critics, John Rawls and Joseph Raz, who characterize the political function of human rights as that of potential triggers for (...)
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  • Why Human Rights Are Called Human Rights.Alan Sussman - 2014 - Ethics and International Affairs 28 (2):171-182.
    The title of this essay is rather ambitious and the space available is hardly sufficient to examine two words of almost limitless expanse—“human rights”—whether standing alone or in tandem. This requires that I begin with (and remained disciplined by) what a teacher of mine, Leo Strauss, called “low facts.” My low facts are these: We call ourselves humans because we have certain characteristics that define our nature. We are social and political animals, as Aristotle noted, and possess attributes not shared (...)
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  • Why Potentiality Matters.Jim Stone - 1987 - Canadian Journal of Philosophy 17 (4):815-829.
    Do fetuses have a right to life in virtue of the fact that they are potential adult human beings? I take the claim that the fetus is a potential adult human being to come to this: if the fetus grows normally there will be an adult human animal that was once the fetus. Does this fact ground a claim to our care and protection? A great deal hangs on the answer to this question. The actual mental and physical capacities of (...)
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  • Plural and conflicting values.Michael Stocker - 1989 - New York: Oxford University Press.
    Plural and conflicting values are often held to be conceptually problematic, threatening the very possibility of ethics, or at least rational ethics. Rejecting this view, Stocker first demonstrates why it is so important to understand the issues raised by plural and conflicting values, focusing on Aristotle's treatment of them. He then shows that plurality and conflict are commonplace and generally unproblematic features of our everyday choice and action, and that they do allow for a sound and rational ethics.
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  • The structure of a set of compossible rights.Hillel Steiner - 1977 - Journal of Philosophy 74 (12):767-775.
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