Results for 'Interest Theory of Rights'

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  1. Rights, Harming and Wronging: A Restatement of the Interest Theory.Visa A. J. Kurki - 2018 - Oxford Journal of Legal Studies (3):430-450.
    This article introduces a new formulation of the interest theory of rights. The focus is on ‘Bentham’s test’, which was devised by Matthew Kramer to limit the expansiveness of the interest theory. According to the test, a party holds a right correlative to a duty only if that party stands to undergo a development that is typically detrimental if the duty is breached. The article shows how the entire interest theory can be reformulated (...)
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  2. Authority and Interest in the Theory of Right.Nieswandt Katharina - 2019 - In David Plunkett, Scott Shapiro & Kevin Toh (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. Oxford: Oxford University Press. pp. 315-334.
    I suggest a new role for authority and interest in the theory of right: Rights can be explicated as sets of prohibitions, permissions and commands, and they must be justified by interests. I argue as follows: (1) The two dominant theories of right—“Will Theory” and “Interest Theory”—have certain standard problems. (2) These problems are systematic: Will Theory’s criterion of the ability to enforce a duty is either false or empty outside of its original (...)
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  3. A New Societal Self-Defense Theory of Punishment—The Rights-Protection Theory.Hsin-Wen Lee - 2018 - Philosophia 46 (2):337-353.
    In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these (...)
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  4. A Better, Dual Theory of Human Rights.Marcus Arvan - 2014 - Philosophical Forum 45 (1):17-47.
    Human rights theory and practice have long been stuck in a rut. Although disagreement is the norm in philosophy and social-political practice, the sheer depth and breadth of disagreement about human rights is truly unusual. Human rights theorists and practitioners disagree – wildly in many cases – over just about every issue: what human rights are, what they are for, how many of them there are, how they are justified, what human interests or capacities they (...)
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  5. The "No Interest" Argument Against the Rights of Nature.Neil W. Williams - forthcoming - Philosophers' Imprint.
    Awarding rights to rivers, forests, and other environmental entities (EEs) is a new and increasingly popular approach to environmental protection. The distinctive feature of such rights of nature (RoN) legislation is that direct duties are owed to the EEs. This paper presents a novel rebuttal of the strongest argument against RoN: the no interest argument. The crux of this argument is that because EEs are not sentient, they cannot possess the kinds of interests necessary to ground direct (...)
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  6. Unsavory implications of a theory of justice and the law of peoples: The denial of human rights and the justification of slavery.Uwe Steinhoff - 2012 - Philosophical Forum 43 (2):175-196.
    Many philosophers have criticized John Rawls’s Law of Peoples. However, often these criticisms take it for granted that the moral conclusions drawn in A Theory of Justice are superior to those in the former book. In my view, however, Rawls comes to many of his 'conclusions' without too many actual inferences. More precisely, my argument here is that if one takes Rawls’s premises and the assumptions made about the original position(s) seriously and does in fact think them through to (...)
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  7. A Rightness-Based Theory of Communicative Propriety.Daniel Drucker - 2019 - Australasian Journal of Philosophy 97 (1):121-135.
    ABSTRACTWe express and communicate many attitudes beyond belief, such as amusement, joy, admiration, hatred, and desire. I consider whether there are any general norms that would cover all of these cases. The most obvious generalisation of the most popular norms for assertion, fittingness-based theories, fail in part because it is sometimes an intrinsic good to have certain kinds of mental states. I develop an alternative, rightness-based, approach, according to which it is appropriate to communicate a mental state to an interlocutor (...)
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  8. A New Theory of Serendipity: Nature, Emergence and Mechanism.Quan-Hoang Vuong (ed.) - 2022 - Berlin, Germany: De Gruyter.
    When you type the word “serendipity” in a word-processor application such as Microsoft Word, the autocorrection engine suggests you choose other words like “luck” or “fate”. This correcting act turns out to be incorrect. However, it points to the reality that serendipity is not a familiar English word and can be misunderstood easily. Serendipity is a very much scientific concept as it has been found useful in numerous scientific discoveries, pharmaceutical innovations, and numerous humankind’s technical and technological advances. Therefore, there (...)
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  9. Should Scientists Ignore Philosophical Theories of Evidence?Jason Zarri - manuscript
    In his article “Why Philosophical Theories of Evidence Are (and Ought to Be) Ignored by Scientists,” Peter Achinstein argues that philosophical theories of evidence are ignored by scientists because they rest on assumptions which make their concepts of evidence too weak for scientists to work with, or which entail that the truth or falsity of evidential statements can be determined a priori. Given that, as Achinstein argues, the truth of many evidential statements can only be determined empirically, this “a priorist” (...)
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  10. Do Your Homework! A Rights-Based Zetetic Account of Alleged Cases of Doxastic Wronging.J. Spencer Atkins - forthcoming - Ethical Theory and Moral Practice:1-28.
    This paper offers an alternate explanation of cases from the doxastic wronging literature. These cases violate what I call the degree of inquiry right—a novel account of zetetic obligations to inquire when interests are at stake. The degree of inquiry right is a moral right against other epistemic agents to inquire to a certain threshold when a belief undermines one’s interests. Thus, the agents are sometimes obligated to leave inquiry open. I argue that we have relevant interests in reputation, relationships, (...)
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  11. Animal Rights and the Duty to Harm: When to be a Harm Causing Deontologist.C. E. Abbate - 2020 - Journal for Ethics and Moral Philosophy 3 (1):5-26.
    An adequate theory of rights ought to forbid the harming of animals (human or nonhuman) to promote trivial interests of humans, as is often done in the animal-user industries. But what should the rights view say about situations in which harming some animals is necessary to prevent intolerable injustices to other animals? I develop an account of respectful treatment on which, under certain conditions, it’s justified to intentionally harm some individuals to prevent serious harm to others. This (...)
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  12.  90
    Rethinking Libral Interest and Rights: A Case for Group Rights.John Ezenwankwor & George Mbara - 2022 - In Doris Obiano, Christian Agama, Kenneth Chukwu & Benedict Igbokwe (eds.), Trends and Approach to Multidisciplinary Issues in the Academia: A Festschrift in Honor of Rev. Prof. Jude Onuoha. MEZ Publishers Limited. pp. 139-155.
    The liberal conception of rights which has dominated the greater part of the 19th and 20th centuries is still very relevant today with its emphasis on individual interests. The liberals consider the rights or the interests of individual members of the society as trumps over group interests. Under the liberal harm and offence principles for example, they hold that whatever interests claimed by the groups should have adequate protection under individual interests or rights. This paper, while recognizing (...)
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  13.  58
    Left-Libertarian Theories of Justice.Peter Vallentyne - 1999 - Revue Economique 50:859-878.
    Libertarian theories of justice hold that agents, at least initially, own themselves fully, and thus owe no service to others, except through voluntary action. The most familiar libertarian theories are right-libertarian in that they hold that natural resources are initially unowned and, under a broad range of realistic circumstances, can be privately appropriated without the consent of, or any significant payment to, the other members of society. Leftlibertarian theories, by contrast, hold that natural resources are owned by the members of (...)
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  14. Why Moral Rights of Free Speech for Business Corporations Cannot Be Justified.Ava Thomas Wright - 2021 - Southwest Philosophy Review 37 (1):187-198.
    In this paper, I develop two philosophically suggestive arguments that the late Justice Stevens made in Citizens United against the idea that business corporations have free speech rights. First, (1) while business corporations conceived as real entities are capable of a thin agency conceptually sufficient for moral rights, I argue that they fail to clear important justificatory hurdles imposed by interest or choice theories of rights. Business corporations conceived as real entities lack an interest in (...)
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  15. Why it is Disrespectful to Violate Rights: Contractualism and the Kind-Desire Theory.Janis David Schaab - 2018 - Philosophical Studies 175 (1):97-116.
    The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to accommodate all and only rights-attributions that make sense to ordinary speakers. The Kind-Desire Theory, Leif Wenar’s recent contribution to the field, appears to fare better in this respect than any of its predecessors. The theory states that we attribute a right to an individual if she has a kind-based desire that a certain enforceable duty be fulfilled. A (...)
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  16. An Intrusion Theory of Privacy.George E. Panichas - 2014 - Res Publica 20 (2):145-161.
    This paper offers a general theory of privacy, a theory that takes privacy to consist in being free from certain kinds of intrusions. On this understanding, privacy interests are distinct and distinguishable from those in solitude, anonymity, and property, for example, or from the fact that others possess, with neither consent nor permission, personal information about oneself. Privacy intrusions have both epistemic and psychological components, and can range in value from relatively trivial considerations to those of profound consequence (...)
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  17. W poszukiwaniu ontologicznych podstaw prawa. Arthura Kaufmanna teoria sprawiedliwości [In Search for Ontological Foundations of Law: Arthur Kaufmann’s Theory of Justice].Marek Piechowiak - 1992 - Instytut Nauk Prawnych PAN.
    Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...)
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  18. Marxism and Theories of Global Justice.Julien Rajaoson - 2020 - International Journal of Humanities, Arts and Social Sciences 1 ( no 05):64-78.
    We shall see that as the Master of suspicion, Marx rejects capitalism, which he considers to be a system of bourgeois oppression, absurd and decadent. The latter eludes the importance of the social question in the historical future of a society. Trampling on the lyrical illusions of practical rationality, he insists on the rigidity of economic and social determinisms, to which he confers an overdeterminent role in sub-estimating the impact of cognitive and/or psychological mechanisms on the exercise of state power. (...)
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  19. Animal Rights and the Problem of r-Strategists.Kyle Johannsen - 2017 - Ethical Theory and Moral Practice 20 (2):333-45.
    Wild animal reproduction poses an important moral problem for animal rights theorists. Many wild animals give birth to large numbers of uncared-for offspring, and thus child mortality rates are far higher in nature than they are among human beings. In light of this reproductive strategy – traditionally referred to as the ‘r-strategy’ – does concern for the interests of wild animals require us to intervene in nature? In this paper, I argue that animal rights theorists should embrace fallibility-constrained (...)
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  20. Recognizing the Other Solitude: Aboriginal Views of the Land and Liberal Theories of Cultural Justice.Ashwani Kumar Peetush - 2003 - Ayaangwaamizin: The International Journal of Indigenous Philosophy 3 (1):55-88.
    Disputes over land are the major source of conflict between Aboriginal and non-Aboriginal peoples around the globe. According to the Royal Commission on Aboriginal Peoples in Canada, land claims do not simply have to do with economic settlements. They also involve, in a critical sense, respect and recognition for cultural differences regarding culturally distinct self-understandings of land. The Commissioners argue that these disputes will never be wholly resolved unless dialogue and negotiations are "guided by one of the fundamental insights from (...)
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  21. Rights, Wronging, and Equality of Status.Giulio Fornaroli - forthcoming - Law and Philosophy:1-28.
    Two problems about rights have received so far little attention. One is the problem of identifying a general value in the practice of rights. The second is to see when, if at all, rights violations wrong the right-holder, in a morally significant sense. In the present essay, I address the first question by investigating the second. I first show that if we commit to the two ideas, common in the contemporary philosophy of rights, that claim-rights (...)
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  22. ‘I Didn’t Know It Was You’: The Impersonal Grounds of Relational Normativity.Jed Lewinsohn - forthcoming - Noûs.
    A notable feature of our moral and legal practices is the recognition of privileges, powers, and entitlements belonging to a select group of individuals in virtue of their status as victims of wrongful conduct. A philosophical literature on relational normativity purports to account for this status in terms of such notions as interests, rights, and attitudes of disregard. This paper argues that such individualistic notions cannot account for prevailing and intuitive ways of demarcating the class of victims. The focus (...)
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  23. Rights reclamation.William L. Bell - 2024 - Philosophical Studies 181 (4):835-858.
    According to a rights forfeiture theory of punishment, liability to punishment hinges upon the notion that criminals forfeit their rights against hard treatment. In this paper, I assume the success of rights forfeiture theory in establishing the permissibility of punishment but aim to develop the view by considering how forfeited rights might be reclaimed. Built into the very notion of proportionate punishment is the idea that forfeited rights can be recovered. The interesting question (...)
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  24. Right to be Punished?Adriana Placani & Stearns Broadhead - 2020 - European Journal of Analytic Philosophy 16 (1):53-74.
    It appears at least intuitively appropriate to claim that we owe it to victims to punish those who have wronged them. It also seems plausible to state that we owe it to society to punish those who have violated its norms. However, do we also owe punishment to perpetrators themselves? In other words, do those who commit crimes have a moral right to be punished? This work examines the sustainability of the right to be punished from the standpoint of the (...)
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  25. Error Theory and the Concept of Morality.Paul Bloomfield - 2013 - Metaphilosophy 44 (4):451-469.
    Error theories about morality often take as their starting point the supposed queerness of morality, and those resisting these arguments often try to argue by analogy that morality is no more queer than other unproblematic subject matters. Here, error theory (as exemplified primarily by the work of Richard Joyce) is resisted first by arguing that it assumes a common, modern, and peculiarly social conception of morality. Then error theorists point out that the social nature of morality requires one to (...)
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  26. Privacy and the USA patriot act: Rights, the value of rights, and autonomy.Alan Rubel - 2007 - Law and Philosophy 26 (2):119-159.
    Civil liberty and privacy advocates have criticized the USA PATRIOT Act (Act) on numerous grounds since it was passed in the wake of the World Trade Center attacks in 2001. Two of the primary targets of those criticisms are the Act’s sneak-and-peek search provision, which allows law enforcement agents to conduct searches without informing the search’s subjects, and the business records provision, which allows agents to secretly subpoena a variety of information – most notoriously, library borrowing records. Without attending to (...)
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  27. Toleration, Respect for Persons, and the Free Speech Right to do Moral Wrong.Kristian Skagen Ekeli - 2020 - In Mitja Sardoč (ed.), The Palgrave Handbook of Toleration. Palgrave-Macmillan. pp. 149-172.
    The purpose of this chapter is to consider the question of whether respect for persons requires toleration of the expression of any extremist political or religious viewpoint within public discourse. The starting point of my discussion is Steven Heyman and Jonathan Quong’s interesting defences of a negative answer to this question. They argue that respect for persons requires that liberal democracies should not tolerate the public expression of extremist speech that can be regarded as recognition-denying or respect-denying speech – that (...)
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  28. Rights and participatory goods.Morauta James - 2002 - Oxford Journal of Legal Studies 22 (1):91-113.
    What sorts of things can individuals have rights to? In this paper I consider one influential negative claim: that individuals cannot have rights to so-called “participatory goods”. I argue that this claim is mistaken. There are two kinds of counter-examples, what I call “actualization rights” and “conditional rights”. Although the scope for individual actualization rights to participatory goods may be relatively narrow, individual conditional rights to participatory goods are both common and important: they are (...)
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  29. Privacy Rights, and Why Negative Control is Not a Dead End: A Reply to Munch and Lundgren.Jakob Thrane Mainz & Rasmus Uhrenfeldt - 2021 - Res Publica 28 (2):391-400.
    Lauritz Munch and Björn Lundgren have recently replied to a paper published by us in this journal. In our original paper, we defended a novel version of the so-called ‘control theory’ of the moral right to privacy. We argued that control theorists should define ‘control’ as what we coined ‘Negative Control’. Munch and Lundgren have recently provided a range of interesting and challenging objections to our view. Independently of each other, they give almost identical counterexamples to our definition of (...)
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  30.  36
    Rights for Robots: Artificial Intelligence, Animal and Environmental Law.Joshua C. Gellers - 2020 - Abingdon: Routledge.
    Bringing a unique perspective to the burgeoning ethical and legal issues surrounding the presence of artificial intelligence in our daily lives, the book uses theory and practice on animal rights and the rights of nature to assess the status of robots. -/- Through extensive philosophical and legal analyses, the book explores how rights can be applied to nonhuman entities. This task is completed by developing a framework useful for determining the kinds of personhood for which a (...)
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  31. A Critique of Mary Anne Warren’s Weak Animal Rights View.Aaron Simmons - 2007 - Environmental Ethics 29 (3):267-278.
    In her book, Moral Status, Mary Anne Warren defends a comprehensive theory of the moral status of various entities. Under this theory, she argues that animals may have some moral rights but that their rights are much weaker in strength than the rights of humans, who have rights in the fullest, strongest sense. Subsequently, Warren believes that our duties to animals are far weaker than our duties to other humans. This weakness is especially evident (...)
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  32. The nature and disvalue of injury.Seth Lazar - 2009 - Res Publica 15 (3):289-304.
    This paper explicates a conception of injury as right-violation, which allows us to distinguish between setbacks to interests that should, and should not, be the concern of theories of justice. It begins by introducing a hybrid theory of rights, grounded in (a) the mobilisation of our moral equality to (b) protect our most important interests, and shows how violations of rights are the concern of justice, while setbacks where one of the twin grounds of rights is (...)
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  33. Are all practical reasons based on value?Benjamin Kiesewetter - 2022 - Oxford Studies in Metaethics 17:27-53.
    According to an attractive and widely held view, all practical reasons are explained in terms of the (instrumental or final) value of the action supported by the reason. I argue that this theory is incompatible with plausible assumptions about the practical reasons that correspond to certain moral rights, including the right to a promised action and the right to an exclusive use of one’s property. The argument is an explanatory rather than extensional one: while the actions supported by (...)
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  34. Group agents and moral status: what can we owe to organizations?Adam Https://Orcidorg Lovett & Stefan Https://Orcidorg Riedener - 2021 - Canadian Journal of Philosophy 51 (3):221–238.
    Organizations have neither a right to the vote nor a weighty right to life. We need not enfranchise Goldman Sachs. We should feel few scruples in dissolving Standard Oil. But they are not without rights altogether. We can owe it to them to keep our promises. We can owe them debts of gratitude. Thus, we can owe some things to organizations. But we cannot owe them everything we can owe to people. They seem to have a peculiar, fragmented moral (...)
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  35. The Paradox of Ideology.Justin Schwartz - 1993 - Canadian Journal of Philosophy 23 (4):543 - 574.
    A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural (...)
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  36.  75
    Complexity and Particularity: An Argument for the Impossibility of Artificial Intelligence.Emanuele Martinelli - 2024 - Cosmos+Taxis 12 (5+6):42-57.
    Landgrebe and Smith (2022) have recently offered an important mathematical argument against the possibility of Artificial General Intelligence (AGI): human intelligence is a complex system; complex systems have some properties that cannot be modelled mathematically; hence we have no viable way to build an AI that would be able to emulate human intelligence. The issue of complexity is thus at the heart of the Landgrebe and Smith approach, and they tackle this issue by postulating a set of conditions, derived from (...)
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  37.  97
    Confucian Meritocratic Democracy over Democracy for Minority Interests and Rights.John J. Park - 2024 - Dao: A Journal of Comparative Philosophy 23 (1):25-38.
    In Western political philosophy, democracy is generally the dominant view regarding what the best form of government is, and this holds even in respect to promoting minority rights. However, I argue that there is a better theory for satisfying minority interests and rights. I amass numerous studies from the social sciences demonstrating how democracy does poorly in accounting for minority interests. I then contend that a particular hybrid view that fuses a meritocracy with democracy can do a (...)
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  38. How Do We Acquire Parental Rights?Joseph Millum - 2010 - Social Theory and Practice 36 (1):112-132.
    In this paper I develop a theory of the acquisition of parental rights. According to this investment theory, parental rights are generated by the performance of parental work. Thus, those who successfully parent a child have the right to continue to do so, and to exclude others from so doing. The account derives from a more general principle of desert that applies outside the domain of parenthood. It also has some interesting implications for the attribution of (...)
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  39. Derivation of Morality from Prudence.Marcus Arvan - 2020 - In Neurofunctional Prudence and Morality: A Philosophical Theory. New York: Routledge. pp. 60-94.
    This chapter derives and refines a novel normative moral theory and descriptive theory of moral psychology--Rightness as Fairness--from the theory of prudence defended in Chapter 2. It briefly summarizes Chapter 2’s finding that prudent agents typically internalize ‘moral risk-aversion’. It then outlines how this prudential psychology leads prudent agents to want to know how to act in ways they will not regret in morally salient cases, as well as to regard moral actions as the only types of (...)
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  40. On State, Identity and Rights: Putting Identity First.Jovan Babić - 2012 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (2):197-209.
    The paper considers the nature of the state understood as the political unity articulated on the basis of a collective identity which provides the state with its capacity to make decisions. The foremost decision of the state to protect and defend this identity is the source of its authority to enforce laws. Collective identity thus represents an object of special interest, unlike both “political” interests (Millian other-regarding acts) and private interests (Millian self-regarding acts). The validation of laws through this (...)
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  41. Beitz and the Problem with a State-Focused Approach to Human Rights.Jennifer Szende - manuscript
    Charles Beitz has presented us with a new and novel theory of human rights, one that is motivated by a concern for the enforcement of human rights in modern international practice. However, the focus on states in his human rights project generates a tension between the universal aspirations of individual human rights and the vulnerable individuals who through rendition or state failure find themselves outside the international state system. This paper argues that Beitz and other (...)
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  42. Just the Right Thickness: A Defense of Second-Wave Virtue Epistemology.Guy Axtell & J. Adam Carter - 2008 - Philosophical Papers 37 (3):413-434.
    Abstract Do the central aims of epistemology, like those of moral philosophy, require that we designate some important place for those concepts located between the thin-normative and the non-normative? Put another way, does epistemology need "thick" evaluative concepts and with what do they contrast? There are inveterate traditions in analytic epistemology which, having legitimized a certain way of viewing the nature and scope of epistemology's subject matter, give this question a negative verdict; further, they have carried with them a tacit (...)
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  43. Reconstituting the Right to Education.Joshua Weishart - 2016 - Alabama Law Review 67 (4):915.
    Confronting persistent and widening inequality in educational opportunity, advocates have regarded the right to education as a linchpin for reform. In the forty years since the Supreme Court relegated that right to the domain of state constitutional law, its power has surged and faded in litigation challenging state school finance systems. Like so many of the students it is meant to protect, however, the right to education has generally underachieved, in part because those wielding it have not always appreciated its (...)
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  44. Knowledge: A Human Interest Story.Brian Weatherson - manuscript
    Over the years I’ve written many papers defending an idiosyncratic version of interest-relative epistemology. This book collects and updates the views I’ve expressed over those papers. -/- Interest-relative epistemologies all start in roughly the same way. A big part of what makes knowledge important is that it rationalises action. But for almost anything we purportedly know, there is some action that it wouldn’t rationalise. I know what I had for breakfast, but I wouldn’t take a bet at billion (...)
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  45. Virtue Ethics and the Interests of Others.Mark Lebar - 1999 - Dissertation, The University of Arizona
    In recent decades "virtue ethics" has become an accepted theoretical structure for thinking about normative ethical principles. However, few contemporary virtue ethicists endorse the commitments of the first virtue theorists---the ancient Greeks, who developed their virtue theories within a commitment to eudaimonism. Why? I believe the objections of modern theorists boil down to concerns that eudaimonist theories cannot properly account for two prominent moral requirements on our treatment of others. ;First, we think that the interests and welfare of at least (...)
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  46. Keynes, Uncertainty and Interest Rates.Brian Weatherson - 2002 - Cambridge Journal of Economics 26 (1):47-62.
    Uncertainty plays an important role in The General Theory, particularly in the theory of interest rates. Keynes did not provide a theory of uncertainty, but he did make some enlightening remarks about the direction he thought such a theory should take. I argue that some modern innovations in the theory of probability allow us to build a theory which captures these Keynesian insights. If this is the right theory, however, uncertainty cannot carry (...)
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  47. The Rights-Ascription Problem.George E. Panichas - 1997 - Social Theory and Practice 23 (3):365-398.
    This paper addresses the rights-ascription problem—the problem of determining what properties or characteristics one must have to qualify for fundamental rights. As argued here, one traditional response to this problem—the “humanity standard”—fails because rather than recognizing the problem as one of moral predication regarding actual individuals, it accepts nominal membership in a vaguely defined class (e.g., “humanity”) as adequate grounds for ascribing these rights. This failure encourages the hypothesis pursued here, viz., that qualifying for fundamental rights (...)
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  48. Immigration as a human right.Kieran Oberman - 2016 - In Sarah Fine & Lea Ypi (eds.), Migration in Political Theory: The Ethics of Movement and Membership. Oxford: Oxford University Press. pp. 32-56.
    This chapter argues that people have a human right to immigrate to other states. People have essential interests in being able to make important personal decisions and engage in politics without state restrictions on the options available to them. It is these interests that other human rights, such as the human rights to internal freedom of movement, expression and association, protect. The human right to immigrate is not absolute. Like other human freedom rights , it can be (...)
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  49. The Unreasonable Effectiveness of Abstract Metaphysics.Daniel Nolan - 2015 - Oxford Studies in Metaphysics 9:61-88.
    In Metaphysics A, Aristotle offers some objections to Plato’s theory of Forms to the effect that Plato’s Forms would not be explanatory in the right way, and seems to suggest that they might even make the explanatory project worse. One interesting historical puzzle is whether Aristotle can avoid these same objections to his own theory of universals. The concerns Aristotle raises are, I think, cousins of contemporary concerns about the usefulness and explanatoriness of abstract objects, some of which (...)
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  50. An Examination of the Feasibility of Cultural Nationalism as Ideal Theory.Hsin-wen Lee - 2014 - Ethical Perspectives 21 (1):199-224.
    The principle of national self-determination holds that a national community, simply by virtue of being a national community, has a prima facie right to create its own sovereign state. While many support this principle, not as many agree that it should be formally recognized by political institutions. One of the main concerns is that implementing this principle may lead to certain types of inequalities—between nations with and without their own states, members inside and outside the border, and members and nonmembers (...)
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