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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. Conditions of personhood.Daniel C. Dennett - 1976 - In Amélie Rorty (ed.), The Identities of Persons. University of California Press.
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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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  • Consciousness.Robert van Gulick - 2004 - Stanford Encyclopedia of Philosophy.
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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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  • (2 other versions)Moral saints.Susan Wolf - 1982 - Journal of Philosophy 79 (8):419-439.
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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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  • (1 other version)On the moral and legal status of abortion.Mary Anne Warren - 1973 - The Monist 57 (1):43-61.
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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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  • (1 other version)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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  • A Theory of Justice: Revised Edition.John Rawls - 1999 - Harvard University Press.
    Previous edition, 1st, published in 1971.
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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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  • (1 other version)The Morality of Killing Human Embryos.Bonnie Steinbock - 2006 - Journal of Law, Medicine and Ethics 34 (1):26-34.
    Embryonic stem cell research is morally and politically controversial because the process of deriving the embryonic stem cells kills embryos. If embryos are, as some would claim, human beings like you and me, then ES cell research is clearly impermissible. If, on the other hand, the blastocysts from which embryonic stem cells are derived are not yet human beings, but rather microscopic balls of undifferentiated cells, as others maintain, then ES cell research is probably morally permissible. Whether the research can (...)
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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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  • (3 other versions)Freedom of the Will and the Concept of a Person.Harry Frankfurt - 1982 - In Gary Watson (ed.), Free will. New York: Oxford University Press.
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  • The Humean theory of motivation.Michael Smith - 1987 - Mind 96 (381):36-61.
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  • Racism as Self-Love.Grant Joseph Silva - 2019 - Radical Philosophy Review 22 (1):85-112.
    In the United States today, much interpersonal racism is driven by corrupt forms of self-preservation. Drawing from Jean- Jacques Rousseau, I refer to this as self-love racism. The byproduct of socially-induced racial anxieties and perceived threats to one’s physical or social wellbeing, self-love racism is the protective attachment to the racialized dimensions of one’s social status, wealth, privilege, and/or identity. Examples include police officer related shootings of unarmed Black Americans, anti-immigrant sentiment, and the resurgence of unabashed white supremacy. This form (...)
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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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  • 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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  • (1 other version)In defence of ageism.A. B. Shaw - 1994 - Journal of Medical Ethics 20 (3):188-194.
    Health care should be preferentially allocated to younger patients. This is just and is seen as just. Age is an objective factor in rationing decisions. The arguments against 'ageism' are answered. The effects of age on current methods of rationing are illustrated, and the practical applications of an age-related criterion are discussed. Ageist policies are in current use and open discussion of them is advocated.
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  • First Steps Towards an Ethics of Robots and Artificial Intelligence.John Tasioulas - 2019 - Journal of Practical Ethics 7 (1):61-95.
    This article offers an overview of the main first-order ethical questions raised by robots and Artificial Intelligence (RAIs) under five broad rubrics: functionality, inherent significance, rights and responsibilities, side-effects, and threats. The first letter of each rubric taken together conveniently generates the acronym FIRST. Special attention is given to the rubrics of functionality and inherent significance given the centrality of the former and the tendency to neglect the latter in virtue of its somewhat nebulous and contested character. In addition to (...)
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  • Challenges To Human Equality.Jeff McMahan - 2007 - The Journal of Ethics 12 (1):81-104.
    According to liberal egalitarian morality, all human beings are one another's moral equals. Nonhuman animals, by contrast, are not considered to be our moral equals. This essay considers two challenges to the liberal egalitarian view. One is the ``separation problem,'' which is the challenge to identify a morally significant intrinsic difference between all human beings and all nonhuman animals. The other is the “equality problem,” which is to explain how all human beings can be morally equal when there are some (...)
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  • The moral duty to reduce the risk of child sexual abuse.Sergei Levin - 2019 - Human Affairs 29 (2):188-198.
    A paedophile is a person with a sexual attraction to children; some paedophiles commit child sex abuse offences. For such acts, they hold moral and legal responsibility, which presupposes that paedophiles are moral agents who can distinguish right from wrong and are capable of self-control. Like any other moral agents, paedophiles have moral duties. Some moral duties are universal, e.g., the duty not to steal. Whether there are any specific moral duties related to paedophilia is the topic of this paper. (...)
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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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  • Public Reason and Abortion: Was Rawls Right After All?Robbie Arrell - 2019 - The Journal of Ethics 23 (1):37-53.
    In ‘Public Reason and Prenatal Moral Status’ (2015), Jeremy Williams argues that the ideal of Rawlsian public reason commits its devotees to the radically permissive view that abortion ought to be available with little or no qualification throughout pregnancy. This is because the only (allegedly) political value that favours protection of the foetus for its own sake—the value of ‘respect for human life’—turns out not to be a political value at all, and so its invocation in support of considerations bearing (...)
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  • The metaphysics of intersectionality.Sara Bernstein - 2020 - Philosophical Studies 177 (2):321-335.
    This paper develops and articulates a metaphysics of intersectionality, the idea that multiple axes of social oppression cross-cut each other. Though intersectionality is often described through metaphor, theories of intersectionality can be formulated using the tools of contemporary analytic metaphysics. A central tenet of intersectionality theory, that intersectional identities are inseparable, can be framed in terms of explanatory unity. Further, intersectionality is best understood as metaphysical and explanatory priority of the intersectional category over its constituents, akin to metaphysical priority of (...)
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  • Framing Intersectionality.Elena Ruíz - 2017 - In Linda Alcoff, Luvell Anderson & Paul Taylor (eds.), The Routledge Companion to the Philosophy of Race. Routledge. pp. 335-348.
    Intersectionality is a term that arose within the black feminist intellectual tradition for the purposes of identifying interlocking systems of oppression. As a descriptive term, it refers to the ways human identity is shaped by multiple social vectors and overlapping identity categories (such as sex, race, class) that may not be readily visible in single-axis formulations of identity, but which are taken to be integral to robustly capture the multifaceted nature of human experience. As a diagnostic term, it captures the (...)
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  • (1 other version)What we owe to each other.Thomas Scanlon - 1998 - Cambridge: 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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  • The equality of lotteries.Ben Saunders - 2008 - Philosophy 83 (3):359-372.
    Lotteries have long been used to resolve competing claims, yet their recent implementation to allocate school places in Brighton and Hove, England led to considerable public outcry. This article argues that, given appropriate selection is impossible when parties have equal claims, a lottery is preferable to an auction because it excludes unjust influences. Three forms of contractualism are discussed and the fairness of lotteries is traced to the fact that they give each person an equal chance, as a surrogate for (...)
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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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  • Harming as making worse off.Duncan Purves - 2019 - Philosophical Studies 176 (10):2629-2656.
    A powerful argument against the counterfactual comparative account of harm is that it cannot distinguish harming from failing to benefit. In reply to this problem, I suggest a new account of harm. The account is a counterfactual comparative one, but it counts as harms only those events that make a person occupy his level of well-being at the world at which the event occurs. This account distinguishes harming from failing to benefit in a way that accommodates our intuitions about the (...)
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  • The wrongs of racist beliefs.Rima Basu - 2018 - Philosophical Studies 176 (9):2497-2515.
    We care not only about how people treat us, but also what they believe of us. If I believe that you’re a bad tipper given your race, I’ve wronged you. But, what if you are a bad tipper? It is commonly argued that the way racist beliefs wrong is that the racist believer either misrepresents reality, organizes facts in a misleading way that distorts the truth, or engages in fallacious reasoning. In this paper, I present a case that challenges this (...)
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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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  • 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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  • Humans, aliens, and the big ethical questions.Ben Sachs - 2018 - Astronomy and Geophysics 59 (3):3.41-3.42.
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  • Discrimination and Immigration.José Jorge Mendoza - 2017 - In Kasper Lippert-Rasmussen (ed.), The Routledge Handbook of the Ethics of Discrimination. New York: Routledge.
    In this chapter, I outline what philosophers working on the ethics of immigration have had to say with regard to invidious discrimination. In doing so, I look at both instances of direct discrimination, by which I mean discrimination that is explicitly stated in official immigration policy, and indirect discrimination, by which I mean cases where the implementation or enforcement of facially “neutral” policies nonetheless generate invidious forms of discrimination. The end goal of this chapter is not necessarily to take a (...)
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  • (6 other versions)The Right and the Good.W. D. Ross - 1932 - The Monist 42:157.
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