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Compensation and continuity

Legal Theory 26 (3):250-279 (2020)

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  1. Self-defense and the problem of the innocent attacker.Jeff McMahan - 1994 - Ethics 104 (2):252-290.
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  • Moments of carelessness and massive loss.Jeremy Waldron - 1995 - In David G. Owen (ed.), Philosophical Foundations of Tort Law. Oxford University Press. pp. 387.
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  • Lesser-Evil Justifications for Harming: Why We’re Required to Turn the Trolley.Helen Frowe - 2018 - Philosophical Quarterly 68 (272):460-480.
    Much philosophical attention has been paid to the question of whether, and why, one may divert a runaway trolley away from where it will kill five people to where it will kill one. But little attention has been paid to whether the reasons that ground a permission to divert thereby ground a duty to divert. This paper defends the Requirement Thesis, which holds that one is, ordinarily, required to act on lesser-evil justifications for harming for the sake of others. Cases (...)
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  • Against individualistic justifications of property rights.Rowan Cruft - 2006 - Utilitas 18 (2):154-172.
    In this article I argue that, despite the views of such theorists as Locke, Hart and Raz, most of a person's property rights cannot be individualistically justified. Instead most property rights, if justified at all, must be justified on non-individualistic (e.g. consequentialist) grounds. This, I suggest, implies that most property rights cannot be morally fundamental ‘human rights’.
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