Results for 'Intimate rights'

967 found
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  1. The Overlooked Risk of Intimate Violation in Research: No Perianal Sampling Without Consent.Jasmine Gunkel - 2024 - American Journal of Bioethics 24 (4):118-120.
    There are few moral principles less controversial than “don’t touch people’s private parts without consent.” Though the principle doesn’t make explicit that there are exceptions, there clearly are some. Parents must wipe their infants. If an unconscious patient is admitted to the emergency room with a profusely bleeding laceration on their genitals, a doctor must give them stitches. The researchers who proposed the study in question, which would look for a connection between burn patients’ microbiomes and their clinical outcomes, presumably (...)
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  2. The Right to Parent One's Biological Baby.Anca Gheaus - 2011 - Journal of Political Philosophy 20 (4):432-455.
    This paper provides an answer to the question why birth parents have a moral right to keep and raise their biological babies. I start with a critical discussion of the parent-centred model of justifying parents’ rights, recently proposed by Harry Brighouse and Adam Swift. Their account successfully defends a fundamental moral right to parent in general but, because it does not provide an account of how individuals acquire the right to parent a particular baby, it is insufficient for addressing (...)
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  3.  73
    Can Gestation Ground Parental Rights?Erik Magnusson - 2020 - Social Theory and Practice 46 (1):111-142.
    In law and common-sense morality, it is generally assumed that adults who meet a minimum threshold of parental competency have a presumptive right to parent their biological children. But what is the basis of this right? According to one prominent account, the right to parent one’s biological child is best understood as being grounded in an intimate relationship that develops between babies and their birth parents during the process of gestation. This paper identifies three major problems facing this view—the (...)
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  4. Parents’ Rights, Children’s Religion: A Familial Relationship Goods Approach.Adam Swift - 2020 - Journal of Practical Ethics 8 (2):30-65.
    The article presents a theory of the basis and nature of parents’ rights that appeals to the goods distinctively produced by intimate-but-authoritative relationships between adults and the children they parent. It explores the implications of that theory for questions about parents’ rights to raise their children as members of a religion, with particular attention to the issue of religious schooling. Even if not obstructing the development of their children’s capacity for autonomy, parents exceed the bounds of their (...)
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  5. What Is Intimacy?Jasmine Gunkel - 2024 - Journal of Philosophy 121 (8):425-456.
    Why is it more violating to grab a stranger’s thigh or stroke their face than it is to grab their forearm? Why is it worse to read someone’s dream journal without permission than it is to read their bird watching field notes? Why are gestation mandates so incredibly intrusive? Intimacy is key to understanding these cases, and to explaining many of our most stringent rights. -/- I present two ways of thinking about intimacy, Relationship-First Accounts and the Intimate (...)
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  6. A Human Right to Relationships?Stephanie Collins - 2022 - In Kimberley Brownlee, Adam Neal & David Jenkins (eds.), Being Social: The Philosophy of Social Human Rights. Oxford University Press.
    This chapter asks whether there is a human right to close personal relationships. It begins by providing a prima facie argument in favour of such a right: humans’ interests in close personal relationships are important, universal, and fundamental. It then explains that there are problems with the distribution, demandingness, and motivation of the correlative duties. The result is that each individual bears a human right only to ‘intimacy consideration’, not to close personal relationships themselves. The chapter then argues that things (...)
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  7. Kant's Non-Absolutist Conception of Political Legitimacy – How Public Right ‘Concludes’ Private Right in the “Doctrine of Right”.Helga Varden - 2010 - Kant Studien 101 (3):331-351.
    Contrary to the received view, I argue that Kant, in the “Doctrine of Right”, outlines a third, republican alternative to absolutist and voluntarist conceptions of political legitimacy. According to this republican alternative, a state must meet certain institutional requirements before political obligations arise. An important result of this interpretation is not only that there are institutional restraints on a legitimate state's use of coercion, but also that the rights of the state (‘public right’) are not in principle reducible to (...)
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  8. Implied Consent and Sexual Assault: Intimate Relationships, Autonomy, and Voice by Michael Plaxton. [REVIEW]Lucinda Vandervort - 2016 - Canadian Journal of Women and the Law 28:697-702.
    This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual assault under Canadian law. For reasons explained (...)
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  9.  54
    How Do You Wish to Be Cited? Citation Practices and a Scholarly Community of Care in Trans Studies Research Articles.Katja Thieme & Mary Ann S. Saunders - 2018 - Journal of English for Academic Purposes 32:80-90.
    Trans rights advocacy is a social justice movement that is transforming language practices relating to gender. Research has highlighted the fact that language which constructs gender as binary harms trans people, and some trans studies researchers have developed guidelines for honouring trans people’s names and pronouns. The language of academic writing is an area of discussion where questions of trans rights and trans experiences have not yet been addressed. This paper draws on two data sources to explore the (...)
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  10. Moral Parenthood: Not Gestational.Benjamin Lange - forthcoming - Journal of Medical Ethics.
    Parenting our biological children is a centrally important matter, but how, if it all, can it be justified? According to a contemporary influential line of thinking, the acquisition by parents of a moral right to parent their biological children should be grounded by appeal to the value of the intimate emotional relationship that gestation facilitates between a newborn and a gestational procreator. I evaluate two arguments in defence of this proposal and argue that both are unconvincing.
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  11. The Deliberative Duty and Other Individual Antidiscrimination Duties in the Dating Sphere.Simone Sommer Degn - 2024 - Moral Philosophy and Politics 11 (2):297-317.
    What does morality require of individuals in their dating and sex life? In this article I challenge recent outlines of antidiscrimination duties in the dating sphere and present a plausible alternative: the deliberative duty. This duty avoids the risks and limitations of earlier outlines: it is time-sensitive regarding the malleability of intimate preferences, it avoids being too demanding on the duty-bearer and minimizes the risk of generating mere dutiful attraction behavior towards right-holders. In addition, it is better suited for (...)
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  12. (1 other version)Must privacy and sexual equality conflict? A philosophical examination of some legal evidence.Annabelle Lever - 2001 - Social Research: An International Quarterly 67 (4):1137-1171.
    Are rights to privacy consistent with sexual equality? In a brief, but influential, article Catherine MacKinnon trenchantly laid out feminist criticisms of the right to privacy. In “Privacy v. Equality: Beyond Roe v. Wade” she linked familiar objections to the right to privacy and connected them to the fate of abortion rights in the U.S.A. (MacKinnon, 1983, 93-102). For many feminists, the Supreme Court’s decision in Roe v. Wade (1973) had suggested that, notwithstanding a dubious past, legal (...) to privacy might serve feminist objectives, and prove consistent with sexual equality. By arguing that Roe’s privacy justification of abortion rights was directly responsible for the weakness and vulnerability of abortion rights in America, MacKinnon took aim at feminist hopes for the right to privacy at their strongest point. Maintaining that Roe’s privacy justification of abortion is intimately, and not contingently, related to the Supreme Court’s subsequent decision in Harris v. McRae, (1980) MacKinnon concluded that privacy rights cannot be reconciled with the freedom and equality of women, and so can have no place in a democracy.1 In Harris, the Supreme Court held that the State need not provide Medicaid coverage for abortions that are necessary to preserve the health, but not the life, of a pregnant woman, effectively depriving poor women of almost all state aid for abortions.2 Moreover, the Court’s subsequent decision in Bowers v . Hardwick (1986) appeared to confirm the truth of MacKinnon’s observation – though this case concerned gay rights, rather than abortion rights, and occurred several years after MacKinnon’s condemnation of Harris. -/- This paper examines MacKinnon’s claims about the relationship of rights to privacy and equality in light of the reasoning in Harris and Bowers. When we contrast the Majority and Minority decisions in these cases, it shows, we can distinguish interpretations of the right to privacy that are consistent with sexual equality from those that are not. This is not simply because the two differ in their consequences – though they do - but because the former, unlike the latter, rely on empirical and normative assumptions that would justify sexual inequality whatever right they were used to interpret. So while I agree with MacKinnon that the Majority’s interpretation of the right to privacy in Harris is inconsistent with the equality of men and women, I show that there is no inherent inconsistency in valuing both privacy and equality, and no reason why we must chose to protect the one, rather than the other. Indeed, an examination of MacKinnon’s article, I suggest, can help us to see why rights to privacy can be part of a scheme of democratic rights, and how we might go about democratising the right to privacy in future. To avoid confusion I should emphasise that my arguments are of a philosophical, not a legal, nature. Thus, I will be ignoring the specifically legal and constitutional aspects of MacKinnon’s article, and of the Supreme Court decisions, in order to bring their philosophical significance into focus. -/- . (shrink)
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  13. Close-knit Cities.Jason Matteson - 2016 - Interdisciplinary Environmental Review 17 (2):73-86.
    Aristotle rightly holds that the constitution of a city is not entirely captured by its written documents or official political structures. More fundamentally, the constitution of a city is made up of its real and deep habits, customs, relations, expectations, aspirations, and ideals of the people who live there. The aim here is to articulate five values that together constitute what I will call close-knit cities: a) ecological resiliency; b) intimate proximity; c) social heterogeneity; d) fairness; e) social trust. (...)
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  14. Ethical Education as a Normative Philosophical Perspective.Ignace Haaz - manuscript
    Part of education as interactive exercise is related to a community of practitioners, a dialogue based philosophy of morals which supposes ethical normative characteristics of the discourse. This normative layer can be interpreted either in relation to the lifeworld, i. e. to the understanding of the good life. Alternatively, it can be realized in relation to some cultural rights, since a mutual recognition based ethics, aiming at highlighting culture as necessary feature of human dignity, can explain an ultimate goal (...)
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  15. Self-Knowledge and the Development of Virtue.Emer O'Hagan - 2017 - In Noell Birondo & S. Stewart Braun (eds.), Virtue’s Reasons: New Essays on Virtue, Character, and Reasons. New York: Routledge. pp. 107-125.
    Persons interested in developing virtue will find attending to, and attempting to act on, the right reason for action a rich resource for developing virtue. In this paper I consider the role of self-knowledge in intentional moral development. I begin by making a general case that because improving one’s moral character requires intimate knowledge of its components and their relation to right reason, the aim of developing virtue typically requires the development of self-knowledge. I next turn to Kant’s ethics (...)
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  16. (1 other version)Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017.Michael Starks - 2017 - Las Vegas, NV USA: Reality Press.
    This collection of articles was written over the last 10 years and edited to bring them up to date (2017). The copyright page has the date of the edition and new editions will be noted there as I edit old articles or add new ones. All the articles are about human behavior (as are all articles by anyone about anything), and so about the limitations of having a recent monkey ancestry (8 million years or much less depending on viewpoint) and (...)
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  17. Cultural appropriation and the intimacy of groups.C. Thi Nguyen & Matthew Strohl - 2019 - Philosophical Studies 176 (4):981-1002.
    What could ground normative restrictions concerning cultural appropriation which are not grounded by independent considerations such as property rights or harm? We propose that such restrictions can be grounded by considerations of intimacy. Consider the familiar phenomenon of interpersonal intimacy. Certain aspects of personal life and interpersonal relationships are afforded various protections in virtue of being intimate. We argue that an analogous phenomenon exists at the level of large groups. In many cases, members of a group engage in (...)
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  18. Type Realism Reconsidered.Nurbay Irmak - 2023 - Journal of Aesthetics and Art Criticism:1-11.
    Realism about types is the view that types are abstract and repeatable objects. Although type realists seem to agree that types, unlike properties, are objects in their own right, they argue that there is a metaphysically intimate tie between the existence conditions of types and properties. In particular, most type realists believe that types are, in a certain sense, determined by the properties that underlie them. I argue that this is a mistake, especially for those type realists who believe (...)
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  19. A Cosmological Neuroscientific Definition of God.Nandor Ludvig - 2023 - Open Journal of Philosophy 13 (2):418-434.
    The main objective of this work was to produce a scientifically reasonable definition of God. The rationale was to generate a definition for filling a small part of the spiritual vacuum of the 21st century and thus initiate a new understanding of the Intelligence that permeates the cosmos with mystery, love, order, direction and morals. This resulted in the following definition: “God may be a-humanly incomprehensible-eternal cosmic existence, intimately related to the endlessness of space, to the nature of the deepest (...)
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  20. Two Physicalist Arguments for Microphysical Manyism.Simon Thunder - forthcoming - Erkenntnis:1-22.
    I here defend microphysical manyism. According to microphysical manyism, each composite or higher-level object is a mere plurality of microphysical particles. After clarifying the commitments of the view, I offer two physicalist-friendly arguments in its favour. The first argument appeals to the Canberra Plan. Here I argue that microphysical particles acting in unison play the theoretical roles associated with composite objects - that they do everything that we think of composite objects as doing - and thus that composite objects are (...)
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  21. 'Privacy, Private Property and Collective Property'.Annabelle Lever - 2012 - The Good Society 21 (1):47-60.
    This article is part of a symposium on property-owning democracy. In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled to (...)
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  22. What Does an African Ethic of Social Cohesion Entail for Social Distancing?Thaddeus Metz - 2021 - Developing World Bioethics 21 (1):7-16.
    The most prominent strand of moral thought in the African philosophical tradition is relational and cohesive, roughly demanding that we enter into community with each other. Familiar is the view that being a real person means sharing a way of life with others, perhaps even in their fate. What does such a communal ethic prescribe for the coronavirus pandemic? Might it forbid one from social distancing, at least away from intimates? Or would it entail that social distancing is wrong to (...)
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  23. Forced Separation and the Wrong of Deportation.Thomas Carnes - 2020 - Social Philosophy Today 36:125-140.
    This paper argues that liberal states are wrong to forcibly separate through deportation the unauthorized immigrant parents of member children and that states must therefore regularize such unauthorized immigrants. While most arguments for regularization focus on how deportation wrongs the unauthorized immigrants themselves, I ground my argument in how deportation wrongs the state’s members, namely the unauthorized immigrants’ member children. Specifically, forced separation through deportation wrongs affected children by violating a basic right to sustain the intimate relationships with their (...)
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  24. Privacy in Public and the contextual conditions of agency.Maria Brincker - 2017 - In Timan Tjerk, Koops Bert-Jaap & Newell Bryce (eds.), (forthcoming) in Privacy in Public Space: Conceptual and Regulatory Challenges. Edward Elgar.
    Current technology and surveillance practices make behaviors traceable to persons in unprecedented ways. This causes a loss of anonymity and of many privacy measures relied on in the past. These de facto privacy losses are by many seen as problematic for individual psychology, intimate relations and democratic practices such as free speech and free assembly. I share most of these concerns but propose that an even more fundamental problem might be that our very ability to act as autonomous and (...)
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  25. Kant's Political Religion: The Transparency of Perpetual Peace and the Highest Good.Robert S. Taylor - 2010 - Review of Politics 72 (1):1-24.
    Scholars have long debated the relationship between Kant’s doctrine of right and his doctrine of virtue (including his moral religion or ethico-theology), which are the two branches of his moral philosophy. This article will examine the intimate connection in his practical philosophy between perpetual peace and the highest good, between political and ethico-religious communities, and between the types of transparency peculiar to each. It will show how domestic and international right provides a framework for the development of ethical communities, (...)
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  26. Subverting the racist lens: Frederick Douglass, humanity and the power of the photographic Image.Bill Lawson & Maria Brincker - 2017 - In Lawson Bill & Bernier Celeste-Marie (eds.), Pictures and Power: Imaging and Imagining Frederick Douglass. by Liverpool University Press.
    Frederick Douglass, the abolitionist, the civil rights advocate and the great rhetorician, has been the focus of much academic research. Only more recently is Douglass work on aesthetics beginning to receive its due, and even then its philosophical scope is rarely appreciated. Douglass’ aesthetic interest was notably not so much in art itself, but in understanding aesthetic presentation as an epistemological and psychological aspect of the human condition and thereby as a social and political tool. He was fascinated by (...)
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  27. Making Something Happen. Where Causation and Agency Meet.Geert Keil - 2007 - In Francesca Castellani & Josef Quitterer (eds.), Agency and Causation in the Human Sciences. Mentis Verlag. pp. 19-35.
    1. Introduction: a look back at the reasons vs. causes debate. 2. The interventionist account of causation. 3. Four objections to interventionism. 4. The counterfactual analysis of event causation. 5. The role of free agency. 6. Causality in the human sciences. -- The reasons vs. causes debate reached its peak about 40 years ago. Hempel and Dray had debated the nature of historical explanation and the broader issue of whether explanations that cite an agent’s reasons are causal or not. Melden, (...)
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  28. Problems of Kantian Nonconceptualism and the Transcendental Deduction.Dennis Schulting - 2017 - In Kant's Radical Subjectivism: Perspectives on the Transcendental Deduction. London, UK: Palgrave-Macmillan. pp. 195-255.
    In this paper, I discuss the debate on Kant and nonconceptual content. Inspired by Kant’s account of the intimate relation between intuition and concepts, McDowell (1996) has forcefully argued that the relation between sensible content and concepts is such that sensible content does not severally contribute to cognition but always only in conjunction with concepts. This view is known as conceptualism. Recently, Kantians Robert Hanna and Lucy Allais, among others, have brought against this view the charge that it neglects (...)
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  29. Libertarian patriarchalism: Nudges, procedural roadblocks, and reproductive choice.Govind Persad - 2014 - Women’s Rights L. Rep 35:273--466.
    Cass Sunstein and Richard Thaler's proposal that social and legal institutions should steer individuals toward some options and away from others-a stance they dub "libertarian paternalism"-has provoked much high-level discussion in both academic and policy settings. Sunstein and Thaler believe that steering, or "nudging," individuals is easier to justify than the bans or mandates that traditional paternalism involves. -/- This Article considers the connection between libertarian paternalism and the regulation of reproductive choice. I first discuss the use of nudges to (...)
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  30. Crime e fruição: o egoísmo de Max Stirner como discurso de resistência contra a dominação?Beatriz de Almeida Rodrigues - 2018 - Dissertation, Nova University Lisbon
    This dissertation critically examines the writings of Max Stirner, especially his masterpiece The Ego and Its Own, as a discourse of resistance against modern forms of domination and, in particular, against the modern political State. I begin by examining Stirner's inversion of the Hegelian concept of the State, from the “actualization of freedom”to an instance of domination. The State appears, to Stirner as to Hegel, as the guardian of order and cohesion in modern societies. While both recognize the genesis of (...)
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  31. The Ends of politics : Kant on sovereignty, civil disobedience and cosmopolitanism.Formosa Paul - 2014 - In Paul Formosa, Avery Goldman & Tatiana Patrone (eds.), Politics and Teleology in Kant. University of Wales Press. pp. 37-58.
    A focus on the presence of unjustified coercion is one of the central normative concerns of Kant’s entire practical philosophy, from the ethical to the cosmopolitical. This focus is intimately interconnected with Kant’s account of sovereignty, since only the sovereign can justifiably coerce others unconditionally. For Kant, the sovereign is she who has the rightful authority to legislate laws and who is subject only to the laws that she gives herself. In the moral realm (or kingdom) of ends, each citizen (...)
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  32. The Sense and Nonsense of Criminalizing Transfers of Obscene.Dennis J. Baker - 2008 - Singapore Law Review 26:126-160.
    The recent distribution of nude photos of a number of high profile Hong Kong celebrities has provoked intense discussion about the state of Hong Kong's obscenity and indecency laws. In this paper, I argue that Hong Kong's laws prohibiting the transfer of obscene and indecent information and images between consenting adults are both under-inclusive and over-inclusive. The Control of Obscene and Indecent Articles Ordinance is under-inclusive in that it does not adequately criminalise grave violations of privacy. It is also over-inclusive (...)
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  33. Neuroscience v. privacy? : a democratic perspective.Annabelle Lever - 2012 - In Sarah Richmond, Geraint Rees & Sarah J. L. Edwards (eds.), I know what you're thinking: brain imaging and mental privacy. Oxford: Oxford University Press. pp. 205.
    Recent developments in neuroscience create new opportunities for understanding the human brain. The power to do good, however, is also the power to harm, so scientific advances inevitably foster as many dystopian fears as utopian hopes. For instance, neuroscience lends itself to the fear that people will be forced to reveal thoughts and feelings which they would not have chosen to reveal, and of which they may be unaware. It also lends itself to the worry that people will be encouraged (...)
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  34. Seen to be done: The roots and fruits of public equality. [REVIEW]Arto Laitinen - 2010 - Res Publica 16 (1):83-88.
    What is the ethical basis for democracy? What reasons do we have to go along with democratic decisions even when we disagree with them? When can we justly ignore democratic decisions? These three questions are intimately connected: understanding what is ultimately important about democracy helps us to understand the authority of democratic decisions over our personal views, and the limits of such authority. Thomas Christiano’s ambitious new book, The Constitution of Equality, aims to provide such an understanding through a discussion (...)
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  35. The Logical Structure of Philosophy Psychology, Sociology, Anthropology Religion, Politics, Economics Literature and History - Articles and Reviews 2006-2019.Michael Starks - 2019 - Las Vegas, NV USA: Reality Press.
    It is my contention that the table of intentionality (rationality, mind, thought, language, personality etc.) that features prominently here describes more or less accurately, or at least serves as an heuristic for, how we think and behave, and so it encompasses not merely philosophy and psychology, but everything else (history, literature, mathematics, politics etc.). Note especially that intentionality and rationality as I (along with Searle, Wittgenstein and others) view it, includes both conscious deliberative linguistic System 2 and unconscious automated prelinguistic (...)
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  36. The Rights of Animals and Unborn Generations.Joel Feinberg - 1974 - In William T. Blackstone (ed.), Philosophy & Environmental Crisis. pp. 43-68.
    My main concern will be to show that it makes sense to speak of the rights of unborn generations against us, and that given the moral judgment that we ought to conserve our environmental inheritance for them, and its grounds, we might well say that future generations /do/ have rights correlative to our present duties toward them. Protecting our environment now is also a matter of elementary prudence, and insofar as we do it for the next generation already (...)
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  37. 8 Rightful Machines.Ava Thomas Wright - 2022 - In Hyeongjoo Kim & Dieter Schönecker (eds.), Kant and Artificial Intelligence. De Gruyter. pp. 223-238.
    In this paper, I set out a new Kantian approach to resolving conflicts between moral obligations for highly autonomous machine agents. First, I argue that efforts to build explicitly moral autonomous machine agents should focus on what Kant refers to as duties of right, which are duties that everyone could accept, rather than on duties of virtue (or “ethics”), which are subject to dispute in particular cases. “Moral” machines must first be rightful machines, I argue. I then show how this (...)
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  38.  78
    Is sport a human right (for transgender athletes)?Miroslav Imbrišević - 2024 - Sport, Ethics and Philosophy 19 (1):1-13.
    Over the last decades we have witnessed a proliferation of new human rights claims (e.g. the ‘human right’ to internet access) . But Milan Kundera (1991) reminds us that not all desires are human rights. Trans women athletes (and their supporters) often claim that there is a human right to sport and they derive a further ‘human right’ from this: the right to compete in the sex category with which they identify (i.e. the female category). The purpose of (...)
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  39. Supporting intimates on faith.George Tsai - 2017 - International Journal for Philosophy of Religion 81 (1-2):99-112.
    What is the role of faith in the familiar practice of supporting intimates in their personal projects? Is there anything distinctly valuable about such faith-based support? I argue that the virtue of being supportive, a characteristic of the good friend or lover, involves a distinctive kind of faith: faith in another persons’ chosen self-expressive pursuit. Support based on such faith enables the supported party to enjoy a more meaningful and autonomous exercise of agency in self-expressive arenas, and engenders a sense (...)
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  40. The right to privacy and the deep self.Leonhard Menges - 2024 - Philosophical Quarterly:1-22.
    This paper presents an account of the right to privacy that is inspired by classic control views on this right and recent developments in moral psychology. The core idea is that the right to privacy is the right that others not make personal information about us flow unless this flow is an expression of and does not conflict with our deep self. The nature of the deep self will be spelled out in terms of stable intrinsic desires. The paper argues (...)
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  41. 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 in terms of the test. The (...)
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  42. Rights.Duncan Ivison - 2007 - Acumen Publishing/Routledge.
    The language of rights pervades modern social and political discourse and yet there is deep disagreement amongst citizens, politicians and philosophers about just what they mean. Who has them? Who should have them? Who can claim them? What are the grounds upon which they can be claimed? How are they related to other important moral and political values such as community, virtue, autonomy, democracy and social justice? In this book, Duncan Ivison offers a unique and accessible integration of, and (...)
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  43.  98
    Right-Libertarianism and Luck Sufficientarianism.Konstantin Morozov - 2024 - Tomsk State University Journal of Philosophy, Sociology and Political Science 79:125-133.
    Most right-libertarians deny the permissibility of government redistribution, referring to the inviolability of private property rights. In a rare exception, Eric Mack offers a right-libertarian argument for luck sufficientarianism based on the catastrophe clause. In this view, people who find themselves in trouble through no fault of their own may violate someone else’s property rights in minor ways to save their own lives. But since a literal interpretation of this clause makes property rights too uncertain, Mack proposes (...)
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  44. Do Rights Exist by Convention or by Nature?Katharina Nieswandt - 2016 - Topoi 35 (1):313-325.
    I argue that all rights exist by convention. According to my definition, a right exists by convention just in case its justification appeals to the rules of a socially shared pattern of acting. I show that our usual justifications for rights are circular, that a right fulfills my criterion if all possible justifications for it are circular, and that all existing philosophical justifications for rights are circular or fail. We find three non-circular alternatives in the literature, viz. (...)
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  45. (1 other version)The Right to Withdraw from Research.G. Owen Schaefer & Alan Wertheimer - 2010 - Kennedy Institute of Ethics Journal 20 (4):329-352.
    The right to withdraw from participation in research is recognized in virtually all national and international guidelines for research on human subjects. It is therefore surprising that there has been little justification for that right in the literature. We argue that the right to withdraw should protect research participants from information imbalance, inability to hedge, inherent uncertainty, and untoward bodily invasion, and it serves to bolster public trust in the research enterprise. Although this argument is not radical, it provides a (...)
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  46. The Right Wrong‐Makers.Richard Yetter Chappell - 2020 - Philosophy and Phenomenological Research 103 (2):426-440.
    Right- and wrong-making features ("moral grounds") are widely believed to play important normative roles, e.g. in morally apt or virtuous motivation. This paper argues that moral grounds have been systematically misidentified. Canonical statements of our moral theories tend to summarize, rather than directly state, the full range of moral grounds posited by the theory. Further work is required to "unpack" a theory's criterion of rightness and identify the features that are of ground-level moral significance. As a result, it is not (...)
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  47. Self-intimation, memory and personal identity.Jonardon Ganeri - 1999 - Journal of Indian Philosophy 27 (5):469-483.
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  48. (1 other version)Human Rights as Fundamental Conditions for a Good Life.S. Matthew Liao - 2015 - In The Right to Be Loved. New York, US: Oxford University Press USA.
    What grounds human rights? How do we determine that something is a genuine human right? This chapter offers a new answer: human beings have human rights to the fundamental conditions for pursuing a good life. The fundamental conditions for pursuing a good life are certain goods, capacities, and options that human beings qua human beings need whatever else they qua individuals might need in order to pursue a characteristically good human life. This chapter explains how this Fundamental Conditions (...)
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  49.  98
    The right to the city versus the right to tourism in teleological perspective: an ethical conflict between goods.Jose L. Lopez-Gonzalez - 2024 - Current Issues in Tourism:1-13.
    This article proposes a teleological ethical approach for the analysis of the conflict between the right to the city and the right to tourism. Unlike the understanding of this conflict through a deontological lens, which is based on universal and unconditioned moral duties, a teleological perspective allows us to observe much more underlying and intricate problems that can arise in any cultural and socio-historical context of each tourist city. By taking the teleological model of the philosopher Alasdair MacIntyre as a (...)
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  50. Human Rights: Moral or Political?Adam Etinson - 2018 - Oxford, United Kingdom: Oxford University Press.
    Human rights have a rich life in the world around us. Political rhetoric pays tribute to them, or scorns them. Citizens and activists strive for them. The law enshrines them. And they live inside us too. For many of us, human rights form part of how we understand the world and what must (or must not) be done within it. -/- The ubiquity of human rights raises questions for the philosopher. If we want to understand these (...), where do we look? As a set of moral norms, it is tempting to think they can be grasped strictly from the armchair, say, by appeal to moral intuition. But what, if anything, can that kind of inquiry tell us about the human rights of contemporary politics, law, and civil society — that is, human rights as we ordinarily know them? -/- This volume brings together a distinguished, interdisciplinary group of scholars to address philosophical questions raised by the many facets of human rights: moral, legal, political, and historical. Its original chapters, each accompanied by a critical commentary, explore topics including: the purpose and methods of a philosophical theory of human rights; the "Orthodox-Political" debate; the relevance of history to philosophy; the relationship between human rights morality and law; and the value of political critiques of human rights. (shrink)
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