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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. Welfare rights and conflicts of rights.Katherine Eddy - 2006 - Res Publica 12 (4):337-356.
    The fact that welfare rights – rights to food, shelter and medical care – will conflict with one another is often taken to be good reason to exclude welfare rights from the catalogue of genuine rights. Rather than respond to this objection by pointing out that all rights conflict, welfare rights proponents need to take the conflicts objection seriously. The existence of potentially conflicting and more weighty normative considerations counts against a claim’s status as a genuine right. To think otherwise (...)
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  • Human enhancement and supra-personal moral status.Thomas Douglas - 2013 - Philosophical Studies 162 (3):473-497.
    Several authors have speculated that (1) the pharmaceutical, genetic or other technological enhancement of human mental capacities could result in the creation of beings with greater moral status than persons, and (2) the creation of such beings would harm ordinary, unenhanced humans, perhaps by reducing their immunity to permissible harm. These claims have been taken to ground moral objections to the unrestrained pursuit of human enhancement. In recent work, Allen Buchanan responds to these objections by questioning both (1) and (2). (...)
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  • Abortion and the Beginning and End of Human Life.Don Marquis - 2006 - Journal of Law, Medicine and Ethics 34 (1):16-25.
    The doctrine that it is wrong to end the existence of something because it is a human life I call “the standard view.” I argue that attempts by proponents of abortion choice to avoid the implications of the standard view by suggesting that we don't know when life begins or by suggesting that fetuses are only potential lives fail. Nevertheless, opponents of abortion choice should not base their arguments on the standard view, for the standard view is false. I propose (...)
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  • Ethics without principles.Jonathan Dancy - 2004 - New York: Oxford University Press.
    In this much-anticipated book, Jonathan Dancy offers the only available full-scale treatment of particularism in ethics, a view with which he has been associated for twenty years. Dancy now presents particularism as the view that the possibility of moral thought and judgement does not in any way depend on an adequate supply of principles. He grounds this claim on a form of reasons-holism, holding that what is a reason in one case need not be any reason in another, and maintaining (...)
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  • Rights: Beyond interest theory and will theory? [REVIEW]Rowan Cruft - 2004 - Law and Philosophy 23 (4):347 - 397.
    It is common for philosophers and legal theorists to bemoan the proliferation of the language of rights in popular discourse.1 In a wide range of contemporary public political and ethical debates, disputants are quick to appeal to the existence of rights that support their position – the ‘human rights’ of innocent victims of war, animals’ noninterference rights, individuals’ and businesses’ rights to economic freedom. It is often maintained, with some plausibility, that these public disputes involve hasty and undefended reliance on (...)
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  • Indigenous Peoples and Human Rights.Don Conway-Long - 2016 - Human Rights Review 17 (1):115-120.
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  • The Animal Rights Debate.Carl Cohen & Tom Regan (eds.) - 2001 - Rowman & Littlefield Publishers.
    Here, for the first time, the world's two leading authorities—Tom Regan, who argues for animal rights, and Carl Cohen, who argues against them—make their respective case before the public at large. The very terms of the debate will never be the same. This seminal moment in the history of the controversy over animal rights will influence the direction of this debate throughout the rest of the century.
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  • Robot rights? Towards a social-relational justification of moral consideration.Mark Coeckelbergh - 2010 - Ethics and Information Technology 12 (3):209-221.
    Should we grant rights to artificially intelligent robots? Most current and near-future robots do not meet the hard criteria set by deontological and utilitarian theory. Virtue ethics can avoid this problem with its indirect approach. However, both direct and indirect arguments for moral consideration rest on ontological features of entities, an approach which incurs several problems. In response to these difficulties, this paper taps into a different conceptual resource in order to be able to grant some degree of moral consideration (...)
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  • From human rights to sentient rights.Alasdair Cochrane - 2013 - Critical Review of International Social and Political Philosophy 16 (5):655-675.
    This article calls for a paradigm shift in the language, theory and practice of human rights: it calls for human rights to be reconceptualized as sentient rights. It argues that human rights are not qualitatively distinct from the basic entitlements of other sentient creatures, and that attempts to differentiate human rights by appealing to something distinctive about humanity, their unique political function or their universality ultimately fail. Finally, the article claims that moving to sentient rights will not lead to intractable (...)
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  • A Reformulation of the Structure of a Set Compossible Rights.Billy Christmas - 2019 - Philosophical Quarterly 69 (275):221-234.
    Hillel Steiner argues that a necessary and sufficient condition for the compossibility of a set of rights is that those rights be extensionally differentiable. However, given that two or more actions can extensionally overlap without thereby being mutually unperformable, if such actions are specified in the relevant rights, then those rights will not be incompossible, notwithstanding their extensional overlap. The set of compossible sets of rights then is greater than the subset of extensionally differentiable rights, and extensional differentiability is a (...)
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  • Abortion and deprivation: a reply to Marquis.Anna Christensen - 2019 - Journal of Medical Ethics 45 (1):22-25.
    In ‘Why Abortion is Immoral’, Don Marquis argues that abortion is wrong for the same reason that murder is wrong, namely, that it deprives a human being of an FLO, a ‘future like ours,’ which is a future full of value and the experience of life. Marquis’ argument rests on the assumption that the human being is somehow deprived by suffering an early death. I argue that Marquis’ argument faces the ‘Epicurean Challenge’. The concept of ‘deprivation’ requires that some discernible (...)
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  • Law as a System of Rights: A Critical Perspective.Azadeh Chalabi - 2014 - Human Rights Review 15 (2):117-138.
    The “rhetorical incorporation of human rights terminology” into domestic law is the central concern of this article. Over the last 20 years or so, countries have faced international pressure to conform to human rights standards in order to enjoy legitimacy. However, there is a huge gap between what is legalized as “human rights” in domestic laws and what is set forth as “human rights” in international human rights instruments. Based on this presupposition that a proper incorporation of human rights on (...)
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  • The egalitarianism of human rights.Allen Buchanan - 2010 - Ethics 120 (4):679-710.
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  • Moral status and human enhancement.Allen Buchanan - 2009 - Philosophy and Public Affairs 37 (4):346-381.
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  • What rights (if any) do children have.Harry Brighouse - 2002 - In David Archard & Colin M. Macleod (eds.), The Moral and Political Status of Children. Oxford University Press. pp. 31--52.
    According to the interest theory of rights, the primary function of rights is the protection of fundamental interests. Since children undeniably have fundamental interests that merit protection, it is perfectly sensible to attribute rights, especially welfare rights, to them. The interest theory need not be hostile to the accommodation of rights that protect agency because, at least in the case of adults, there is a strong connection between the protection of agency and the promotion of welfare. Children have welfare rights (...)
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  • Moral Rights and Human Culture.Lisa Bortolotti - 2006 - Ethical Perspectives 13 (4):603-620.
    In this paper I argue that there is no moral justification for the conviction that rights should be reserved to humans. In particular, I reject James Griffin’s view on the moral relevance of the cultural dimension of humanity. Drawing from the original notion of individual right introduced in the Middle Ages and the development of this notion in the eighteenth century, I emphasise that the practice of according rights is justified by the interest in safeguarding the powers of reason and (...)
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  • Fair Innings.Greg Bognar - 2014 - Bioethics 29 (4):251-261.
    In many societies, the aging of the population is becoming a major problem. This raises difficult issues for ethics and public policy. On what is known as the fair innings view, it is not impermissible to give lower priority to policies that primarily benefit the elderly. Philosophers have tried to justify this view on various grounds. In this article, I look at a consequentialist, a fairness-based, and a contractarian justification. I argue that all of them have implausible implications and fail (...)
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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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  • 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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  • What Is Special About Human Rights?Christian Barry & Nicholas Southwood - 2011 - Ethics and International Affairs 25 (3):369-83.
    Despite the prevalence of human rights discourse, the very idea or concept of a human right remains obscure. In particular, it is unclear what is supposed to be special or distinctive about human rights. In this paper, we consider two recent attempts to answer this challenge, James Griffin’s “personhood account” and Charles Beitz’s “practice-based account”, and argue that neither is entirely satisfactory. We then conclude with a suggestion for what a more adequate account might look like – what we call (...)
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  • Reflective Equilibrium.Alice Baderin - 2017 - Social Theory and Practice 43 (1):1-28.
    The paper explores whether the method of reflective equilibrium (RE) in ethics and political philosophy should be individual or public in character. I defend a modestly public conception of RE, in which public opinion is used specifically as a source of considered judgments about cases. Public opinion is superior to philosophical opinion in delivering judgments that are untainted by principled commitments. A case-based approach also mitigates the methodological problems that commonly confront efforts to integrate philosophy with the investigation of popular (...)
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  • 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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  • 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 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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  • Globalizing Feminist Ethics.Alison M. Jaggar - 1998 - Hypatia 13 (2):7 - 31.
    The feminist conception of discourse offered below differs from classical discourse ethics. Arguing that inequalities of power are even more conspicuous in global than in local contexts, I note that a global discourse community seems to be emerging among feminists, and I explore the role played by small communities in feminism's attempts to reconcile a commitment to open discussion, on the one hand, with a recognition of the realities of power inequalities, on the other.
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  • Who Has the Capacity to Participate as a Rearee in a Person-Rearing Relationship?Agnieszka Jaworska & Julie Tannenbaum - 2015 - Ethics 125 (4):1096-1113.
    We discuss applications of our account of moral status grounded in person-rearing relationships: which individuals have higher moral status or not, and why? We cover three classes of cases: (1) cases involving incomplete realization of the capacity to care, including whether infants or fetuses have this incomplete capacity; (2) cases in which higher moral status rests in part on what is required for the being to flourish; (3) hypothetical cases in which cognitive enhancements could, e.g., help dogs achieve human-like cognitive (...)
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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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  • What We Owe to Each Other.Thomas Scanlon - 2002 - Mind 111 (442):323-354.
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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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  • Groundwork of the metaphysics of morals.Immanuel Kant - 2007 - In Elizabeth Schmidt Radcliffe, Richard McCarty, Fritz Allhoff & Anand Vaidya (eds.), Late modern philosophy: essential readings with commentary. Oxford: Wiley-Blackwell.
    Immanuel Kant's Groundwork of the Metaphysics of Morals ranks alongside Plato's Republic and Aristotle's Nicomachean Ethics as one of the most profound and influential works in moral philosophy ever written. In Kant's own words its aim is to search for and establish the supreme principle of morality, the categorical imperative. Kant argues that every human being is an end in himself or herself, never to be used as a means by others, and that moral obligation is an expression of the (...)
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  • Rights.Leif Wenar - 2008 - Stanford Encyclopedia of Philosophy.
    Rights dominate most modern understandings of what actions are proper and which institutions are just. Rights structure the forms of our governments, the contents of our laws, and the shape of morality as we perceive it. To accept a set of rights is to approve a distribution of freedom and authority, and so to endorse a certain view of what may, must, and must not be done.
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  • The Realm of Rights.J. J. Thomson - 1990 - Philosophy 66 (258):538-540.
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  • A defense of abortion.Judith Jarvis Thomson - 1971 - Philosophy and Public Affairs 1 (1):47-66.
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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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  • 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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  • Discrimination and Immigration.José Jorge Mendoza - 2018 - In Kasper Lippert-Rasmussen (ed.), The Routledge Handbook of the Ethics of Discrimination. 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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  • 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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  • Political Liberalism: Expanded Edition.John Rawls - 2005 - Columbia University Press.
    This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines -- religious, philosophical, and moral (...)
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  • Animals as Persons: Essays on the Abolition of Animal Exploitation.Gary Lawrence Francione - 2008 - Columbia University Press.
    A prominent and respected philosopher of animal rights law and ethical theory, Gary L. Francione is known for his criticism of animal welfare laws and regulations, his abolitionist theory of animal rights, and his promotion of veganism and nonviolence as the baseline principles of the abolitionist movement. In this collection, Francione advances the most radical theory of animal rights to date. Unlike Peter Singer, Francione maintains that we cannot morally justify using animals under any circumstances, and unlike Tom Regan, Francione's (...)
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  • Rights.F. M. Kamm - 2004 - In Jules Coleman & Scott Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
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  • Children.David Archard - 2003 - In Hugh LaFollette (ed.), The Oxford handbook of practical ethics. New York: Oxford University Press.
    Whether children have rights is a debate that in recent years has spilled over into all areas of public life. It has never been more topical than now as the assumed rights of parents over their children is challenged on an almost daily basis. David Archard offers the first serious and sustained philosophical examination of children and their rights. Archard reviews arguments for and against according children rights. He concludes that every child has at least the right to the best (...)
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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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  • 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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  • 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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  • 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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  • 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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