Switch to: Citations

References in:

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

Dissertation, University of Birmingham (2020)

Add references

You must login to add references.
  1. A Theory of Justice: Revised Edition.John Rawls - 1999 - Harvard University Press.
    Previous edition, 1st, published in 1971.
    Download  
     
    Export citation  
     
    Bookmark   1724 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   54 citations  
  • 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.
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   12 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   9 citations  
  • 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? (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  • 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.
    Download  
     
    Export citation  
     
    Bookmark   85 citations  
  • 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.
    Download  
     
    Export citation  
     
    Bookmark   869 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   25 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   11 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • 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.
    Download  
     
    Export citation  
     
    Bookmark   44 citations  
  • On Conflicts between Rights.Christopher Heath Wellman - 1995 - Law and Philosophy 14 (3/4):271 - 295.
    Download  
     
    Export citation  
     
    Bookmark   14 citations  
  • Rights in conflict.Jeremy Waldron - 1989 - Ethics 99 (3):503-519.
    Download  
     
    Export citation  
     
    Bookmark   50 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   26 citations  
  • Taking rights out of human rights.John Tasioulas - 2010 - Ethics 120 (4):647-678.
    Download  
     
    Export citation  
     
    Bookmark   22 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   9 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   15 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   58 citations  
  • 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.
    Download  
     
    Export citation  
     
    Bookmark   112 citations  
  • The structure of a set of compossible rights.Hillel Steiner - 1977 - Journal of Philosophy 74 (12):767-775.
    Download  
     
    Export citation  
     
    Bookmark   30 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  • The Humean theory of motivation.Michael Smith - 1987 - Mind 96 (381):36-61.
    Download  
     
    Export citation  
     
    Bookmark   265 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   9 citations  
  • 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.
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   17 citations  
  • Humans, aliens, and the big ethical questions.Ben Sachs - 2018 - Astronomy and Geophysics 59 (3):3.41-3.42.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • Socratic Puzzles.Robert Nozick - 1995 - Phronesis 40 (2):143 - 155.
    Download  
     
    Export citation  
     
    Bookmark   30 citations  
  • The Human Right to Free Internet Access.Merten Reglitz - 2019 - Journal of Applied Philosophy 37 (2): 314-331.
    In 2016, the United Nation’s General Assembly adopted a non-binding resolution regarding ‘The Promotion, Protection and Enjoyment of Human Rights on the Internet’. At the heart of this resolution is the UN’s concern that ‘rights that people have offline must also be protected online.’ While the UN thus recognises the importance of the Internet, it does so problematically selectively by focusing on protecting existing offline rights online. I argue instead that Internet access is itself a moral human right that requires (...)
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  • The Law of Peoples.John Rawls - 1993 - Critical Inquiry 20 (1):36-68.
    Download  
     
    Export citation  
     
    Bookmark   710 citations  
  • Harm.Michael Rabenberg - 2015 - Journal of Ethics and Social Philosophy 8 (3):1-32.
    In recent years, philosophers have proposed a variety of accounts of the nature of harm. In this paper, I consider several of these accounts and argue that they are unsuccessful. I then make a modest case for a different view.
    Download  
     
    Export citation  
     
    Bookmark   23 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   26 citations  
  • Accounting for the Harm of Death.Duncan Purves - 2014 - Pacific Philosophical Quarterly 97 (1):89-112.
    I defend a theory of the way in which death is a harm to the person who dies that fits into a larger, unified account of harm ; and includes an account of the time of death's harmfulness, one that avoids the implications that death is a timeless harm and that people have levels of welfare at times at which they do not exist.
    Download  
     
    Export citation  
     
    Bookmark   15 citations  
  • Are There Any Conflicts of Rights?Adina Preda - 2015 - Ethical Theory and Moral Practice 18 (4):677-690.
    This paper argues that a putative conflict between negative rights and positive rights is not a genuine conflict. The thought that they might conflict presupposes, I argue, that the two rights are valid. This is the first assumption of my argument. The second is that general rights impose duties on everyone, not just the party who faces a conflict of correlative duties. These two assumptions yield the conclusion that positive rights impose enforceable duties on the holder of the negative right; (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  • Are human rights based on equal human worth?Louis P. Pojman - 1992 - Philosophy and Phenomenological Research 52 (3):605-622.
    Download  
     
    Export citation  
     
    Bookmark   14 citations  
  • On Setting Priorities among Human Rights.Jos Philips - 2014 - Human Rights Review 15 (3):239-257.
    Should conflicts among human rights be dealt with by including general principles for priority setting at some prominent place in the practice of human rights? This essay argues that neither setting prominent and principled priorities nor a case-by-case approach are likely to be defensible as general solutions. The main reasons concern how best to realize all human rights for all. Conflicts among human rights are more defensibly addressed by checking whether the conflict has been correctly diagnosed: Do human rights as (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • Degrees of Personhood.C. Perring - 1997 - Journal of Medicine and Philosophy 22 (2):173-197.
    In this paper I argue that a Naturalist conception of personhood, such as the one defended by Derek Parfit, implies that there are degrees of personhood, i.e., that it makes sense to say one individual has a greater degree of personhood than another. I describe both criteria of general personhood, which distinguish between persons and non-persons, and criteria of particular personhood, which distinguish between one person and another. I examine some of the consequences for ethics, including the rights to life, (...)
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  • Delimiting justice: Animal, vegetable, ecosystem?Angie Pepper - 2018 - Les Ateliers de l'Éthique / the Ethics Forum 13 (1):210-230.
    ANGIE PEPPER | : This paper attempts to bring some clarity to the debate among sentientists, biocentrists, and ecocentrists on the issue of who or what can count as a candidate recipient of justice. I begin by examining the concept of justice and argue that the character of duties and entitlements of justice sets constraints on the types of entities that can be recipients of justice. Specifically, I contend that in order to be a recipient of justice, one must be (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  • How to Build a Robot that is Conscious and Feels.J. Kevin O’Regan - 2012 - Minds and Machines 22 (2):117-136.
    Following arguments put forward in my book (Why red doesn’t sound like a bell: understanding the feel of consciousness. Oxford University Press, New York, USA, 2011), this article takes a pragmatic, scientist’s point of view about the concepts of consciousness and “feel”, pinning down what people generally mean when they talk about these concepts, and then investigating to what extent these capacities could be implemented in non-biological machines. Although the question of “feel”, or “phenomenal consciousness” as it is called by (...)
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  • Harm and Causation.Robert Northcott - 2015 - Utilitas 27 (2):147-164.
    I propose an analysis of harm in terms of causation: harm is when a subject is caused to be worse off. The pay-off from this lies in the details. In particular, importing influential recent work from the causation literature yields a contrastive-counterfactual account. This enables us to incorporate harm's multiple senses into a unified scheme, and to provide that scheme with theoretical ballast. It also enables us to respond effectively to previous criticisms of counterfactual accounts, as well as to sharpen (...)
    Download  
     
    Export citation  
     
    Bookmark   11 citations  
  • Wide reflective equilibrium as a method of justification in bioethics.Peter Nichols - 2012 - Theoretical Medicine and Bioethics 33 (5):325-341.
    Carson Strong has recently argued that wide reflective equilibrium (WRE) is an unacceptable method of justification in bioethics. In its place, Strong recommends a methodology in which certain foundational moral judgments play a central role in the justification of moral beliefs, and coherence plays a limited justificatory role in that the rest of our judgments are made to cohere with these foundational judgments. In this paper, I argue that Strong’s chief criticisms of WRE are unsuccessful and that his proposed alternative (...)
    Download  
     
    Export citation  
     
    Bookmark   10 citations  
  • What Child Is This?Hilde Lindemann Nelson - 2002 - Hastings Center Report 32 (6):29-38.
    If personhood involves the construction of a narrative identity, then what are we to say of someone who is seriously ill or disabled? How can her life have any narrative when she is unable to write one?
    Download  
     
    Export citation  
     
    Bookmark   30 citations  
  • Animals, handicapped children and the tragedy of marginal cases.J. L. Nelson - 1988 - Journal of Medical Ethics 14 (4):191-193.
    There are human beings whose psychological capacities are rivalled or exceeded by many non-human animals; such humans are often referred to as 'marginal cases'. R G Frey has argued that there is no secure, non-arbitrary way of morally distinguishing between marginal humans and non-human animals. Hence, if the benefits of vivisection justify such painful and lethal procedures being performed on animals, so is the vivisection of marginal humans justified. This is a conclusion Frey is driven to with 'great reluctance', but (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • Machines and the Moral Community.Erica L. Neely - 2013 - Philosophy and Technology 27 (1):97-111.
    A key distinction in ethics is between members and nonmembers of the moral community. Over time, our notion of this community has expanded as we have moved from a rationality criterion to a sentience criterion for membership. I argue that a sentience criterion is insufficient to accommodate all members of the moral community; the true underlying criterion can be understood in terms of whether a being has interests. This may be extended to conscious, self-aware machines, as well as to any (...)
    Download  
     
    Export citation  
     
    Bookmark   30 citations  
  • When rights conflict.Phillip Montague - 2001 - Legal Theory 7 (3):257-277.
    You and I are neighbors, with our houses situated closely together. You lead a group of rock musicians who can practice only in the evenings in your backyard; while I, on the other hand, enjoy nothing more than quiet evenings spent on my porch accompanied by the sounds of frogs and crickets. Presumably, you have a right to pursue your musical career, and I have a right quietly to enjoy my property. If we do indeed have these rights, however, then (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations