Results for 'Right to justification'

956 found
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  1. On the Right to Justification and Discursive Respect.Thomas M. Besch - 2015 - Dialogue 54 (4):703-726.
    Rainer Forst’s constructivism argues that a right to justification provides a reasonably non-rejectable foundation of justice. With an exemplary focus on his attempt to ground human rights, I argue that this right cannot provide such a foundation. To accord to others such a right is to include them in the scope of discursive respect. But it is reasonably contested whether we should accord to others equal discursive respect. It follows that Forst’s constructivism cannot ground human rights, (...)
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  2. On citizens' right to information: Justification and analysis of the democratic right to be well informed.Rubén Marciel - 2023 - Journal of Political Philosophy 31 (3):358-384.
    The idea that citizens have a right to receive information that is relevant for their suitable exercise of political rights and liberties is well established in democratic societies. However, this right has never been systematically analyzed, thus remaining a blurry concept. This article tackles this conceptual gap by conceptualizing citizens’ right to information. After reviewing previous approaches to this idea, I locate citizens’ right to information on the map of communication rights, and put forward a systematic (...)
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  3. (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 (...)
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  4. Rights-based Justifications for Self-Defense.Shannon Brandt Ford - 2022 - International Journal of Applied Philosophy 36 (1):49-65.
    I defend a modified rights-based unjust threat account for morally justified killing in self-defense. Rights-based moral justifications for killing in self-defense presume that human beings have a right to defend themselves from unjust threats. An unjust threat account of self-defense says that this right is derived from an agent’s moral obligation to not pose a deadly threat to the defender. The failure to keep this moral obligation creates the moral asymmetry necessary to justify a defender killing the unjust (...)
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  5. The Right to Die Revisited.Evangelos D. Protopapadakis - 2019 - In Proceedings from the Second International interdisciplinary conference „BIOETHICS – THE SIGN OF A NEW ERA”. Skopje, North Macedonia: pp. 53-65.
    In this short paper I will discuss the ambiguous and, even, controversial term ‘right to die’ in the context of the euthanasia debate and, in particular, in the case of passive euthanasia. First I will present the major objections towards the moral legitimacy of a right to die, most of which I also endorse myself; then I will investigate whether the right to die could acquire adequate moral justification in the case of passive euthanasia. In the (...)
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  6. No Right To Mercy - Making Sense of Arguments From Dignity in the Lethal Autonomous Weapons Debate.Maciej Zając - 2020 - Etyka 59 (1):134-55.
    Arguments from human dignity feature prominently in the Lethal Autonomous Weapons moral feasibility debate, even though their exists considerable controversy over their role and soundness and the notion of dignity remains under-defined. Drawing on the work of Dieter Birnbacher, I fix the sub-discourse as referring to the essential value of human persons in general, and to postulated moral rights of combatants not covered within the existing paradigm of the International Humanitarian Law in particular. I then review and critique dignity-based arguments (...)
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  7. From rights to prerogatives.Daniel Muñoz - 2020 - Philosophy and Phenomenological Research 102 (3):608-623.
    Deontologists believe in two key exceptions to the duty to promote the good: restrictions forbid us from harming others, and prerogatives permit us not to harm ourselves. How are restrictions and prerogatives related? A promising answer is that they share a source in rights. I argue that prerogatives cannot be grounded in familiar kinds of rights, only in something much stranger: waivable rights against oneself.
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  8. The open borders debate, migration as settlement, and the right to travel.Ugur Altundal - forthcoming - Critical Review of International Social and Political Philosophy.
    The philosophical debate on the freedom of movement focuses almost exclusively on long-term migration, what I call, migration as settlement. The normative justifications defending border controls assume that the movement of people across political borders, independent of its purpose and the length of stay, refers to migration as settlement. “Global mobility,” “international movement,” and “immigration” are oftenused interchangeably. However, global mobility also refers to the movements of people across international borders for a short length of time such as travel, short-term (...)
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  9. The Right to Self-Defense Against the State.Jasmine Rae Straight - 2022 - Dissertation, University of Colorado, Boulder
    My dissertation develops a defense of a right to self-defense against the state. I set aside anarchist theories and grant for the sake of argument that the state has legitimate political authority. My goal is to convince non-anarchists that the right to self-defense extends to individuals against the state and the state’s agents. I argue that the right to self-defense is a fundamental, negative, claim right. The right to self-defense has these characteristics: (1) it is (...)
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  10. (1 other version)Feminism, democracy and the right to privacy.Annabelle Lever - 2005 - Minerva 2005 (nov):1-31.
    This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people’s freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these (...)
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  11. Does a State’s Right to Control Borders Justify Harming Refugees?Bradley Hillier-Smith - forthcoming - Moral Philosophy and Politics.
    Certain states in the Global North have responded to refugees seeking safety on their territories through harmful practices of border violence, detention, encampment and containment that serve to prevent and deter refugee arrivals. These practices are ostensibly justified through an appeal to a right to control borders. This paper therefore assesses whether these harmful practices can indeed be morally justified by a state’s right to control borders. It analyses whether Christopher Heath Wellman’s account of a state’s right (...)
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  12. A Project View of the Right to Parent.Benjamin Lange - 2023 - Journal of Applied Philosophy 1:1-23.
    The institution of the family and its importance have recently received considerable attention from political theorists. Leading views maintain that the institution’s justification is grounded, at least in part, in the non-instrumental value of the parent-child relationship itself. Such views face the challenge of identifying a specific good in the parent-child relationship that can account for how adults acquire parental rights over a particular child—as opposed to general parental rights, which need not warrant a claim to parent one’s biological (...)
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  13. Noumenal Power, Reasons, and Justification: A Critique of Forst.Sameer Bajaj & Enzo Rossi - 2019 - In Ester Herlin-Karnell & Matthias Klatt (eds.), Constitutionalism Justified: Rainer Forst in Discourse. New York: Oxford University Press, Usa.
    In this essay we criticise Rainer Forst's attempt to draw a connection between power and justification, and thus ground his normative theory of a right to justification. Forst draws this connection primarily conceptually, though we will also consider whether a normative connection may be drawn within his framework. Forst's key insight is that if we understand power as operating by furnishing those subjected to it with reasons, then we create a space for the normative contestation of any (...)
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  14. The natural right to slack.Stanislas Richard - 2022 - Critical Review of International Social and Political Philosophy 1 (N/A).
    The most influential justification of individual property rights is the Propertarian Argument. It is the idea that the institution of private property renders everyone better off, and crucially, even the worst-off members of society. A recent critique of the Argument is that it relies on an anthropologically false hypothesis – the idea, following Thomas Hobbes, that life in the state of nature is one of widespread scarcity and violence to which property rights are a solution. The present article seeks (...)
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  15. Imprisonment and the Right to Freedom of Movement.Robert C. Hughes - 2017 - In Chris W. Surprenant (ed.), Rethinking Punishment in the Era of Mass Incarceration. Routledge. pp. 89-104.
    Government’s use of imprisonment raises distinctive moral issues. Even if government has broad authority to make and to enforce law, government may not be entitled to use imprisonment as a punishment for all the criminal laws it is entitled to make. Indeed, there may be some serious crimes that it is wrong to punish with imprisonment, even if the conditions of imprisonment are humane and even if no adequate alternative punishments are available.
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  16. On a Reflexive Case for Human Rights.Thomas M. Besch - 2013 - Journal of East-West Thought 3 (4):51-64.
    Can there be a "reflexive" or presuppositional, reasonably non-rejectable grounding of a Forst-type right to justification, or of a meaningful form of constitutive discursive standing? The paper argues that this is not so, and this for reasons that reflect more general limitations of presuppositional arguments for relevantly contested conclusions. To this end, the paper critically engages Forst's "reflexive" argument for human rights. It also considers O'Neill's presuppositional attempt to defend a form of cosmopolitanism, as well as the attempt (...)
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  17. Justification of Animal Rights Claim.Azam Golam - 2009 - Philosophy and Progress 43 (2):139-152.
    The objective of the paper is to justify the claim for animals‟ rights. For years, it is one of the most debated questions in the field of applied ethics whether animals‟ have rights or not. There are a number of philosophers who hold that animals are neither moral agent nor rational being and hence animals have no rights because the concept of rights is applicable only to the rational beings. On the other hand the proponents of animals‟ rights contend that (...)
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  18. Sexual Rights, Disability and Sex Robots.Ezio Di Nucci - 2017 - In John Danaher & Neil McArthur (eds.), Robot Sex: Social and Ethical Implications. MIT Press.
    I argue that the right to sexual satisfaction of severely physically and mentally disabled people and elderly people who suffer from neurodegenerative diseases can be fulfilled by deploying sex robots; this would enable us to satisfy the sexual needs of many who cannot provide for their own sexual satisfaction; without at the same time violating anybody’s right to sexual self-determination. I don’t offer a full-blown moral justification of deploying sex robots in such cases, as not all morally (...)
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  19. Lesser-Evil Justifications: A Reply to Frowe.Kerah Gordon-Solmon & Theron Pummer - 2022 - Law and Philosophy 41:639–646.
    Sometimes one can prevent harm only by contravening rights. If the harm one can prevent is great enough, compared to the stringency of the opposing rights, then one has a lesser-evil justification to contravene the rights. Non-consequentialist orthodoxy holds that, most of the time, lesser-evil justifications add to agents’ permissible options without taking any away. Helen Frowe rejects this view. She claims that, almost always, agents must act on their lesser-evil justifications. Our primary task is to refute Frowe’s flagship (...)
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  20. Introduction to Special Issue on Rethinking Rights and Justice for Non-Humans.Deepa Kansra - 2023 - Ili Law Review 1 (Special Issue):1-3.
    This Special Issue is an outcome of the lectures and discussions on ‘Cross-cutting Themes and Concepts in Human Rights’, offered as a Seminar Course to the students of the MA Programme, School of International Studies, Jawaharlal Nehru University. As part of the Course, a Webinar on ‘Rethinking Rights and Justice for Non-Humans’ was held in 2022, in which the participants advanced some of the most compelling arguments for the meaningful representation of non-human entities in law and governance. In the three (...)
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  21. Does the Basing Demand on Doxastic Justification Have Dilectical Force? A Response to Oliveira.Paul Silva Jr - 2022 - In Propositional and Doxastic Justification: New Perspectives in Epistemology. Routledge.
    The basing demand on doxastic justification is a widely held and highly intuitive dogma of contemporary epistemology. In Silva [2015, AJP], I argued that the dialectical significance of this dogma is severely limited by our lack of independent grounds for endorsing it. Oliveira [2015, AJP] sought to defend the basing demand on doxastic justification. Here I explain why Oliveira’s attempted defense of the basing demand misses its mark. I also briefly suggest that there is an alternative way of (...)
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  22. Reflections on the Foundations of Human Rights.Thomas M. Besch - manuscript
    Is there an approach to human rights that justifies rights-allocating moral-political principles as principles that are equally acceptable by everyone to whom they apply, while grounding them in categorical, reasonably non-rejectable foundations? The paper examines Rainer Forst’s constructivist attempt to provide such an approach. I argue that his view, far from providing an alternative to “ethical” approaches, depends for its own reasonableness on a reasonably contestable conception of the good, namely, the good of constitutive discursive standing. This suggests a way (...)
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  23. Kant's Justification of the Death Penalty Reconsidered.Benjamin S. Yost - 2010 - Kantian Review 15 (2):1-27.
    This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I argue (...)
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  24. (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 Approach (...)
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  25. Beneficence, rights and citizenship.Garrett Cullity - 2006 - Australian Journal of Human Rights 9:85-105.
    What are we morally required to do for strangers? To answer this question – a question about the scope of requirements to aid strangers – we must first answer a question about justification: why are we required to aid them (when we are)? The main paper focuses largely on answering the question about justification, but does so in order to arrive at an answer to the question about scope. Three main issues are discussed. First, to what extent should (...)
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  26. Political rights, republican freedom, and temporary workers.Alex Sager - 2014 - Critical Review of International Social and Political Philosophy 17 (2):189-211.
    I defend a neo-republican account of the right to have political rights. Neo-republican freedom from domination is a sufficient condition for the extension of political rights not only for permanent residents, but also for temporary residents, unauthorized migrants, and some expatriates. I argue for the advantages of the neo-republican account over the social membership account, the affected-interest account, the stakeholder account, and accounts based on the justification of state coercion.
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  27. Shortcomings of and Alternatives to the Rights-Forfeiture Theory of Justified Self-Defense and Punishment.Uwe Steinhoff - manuscript
    I argue that rights-forfeiture by itself is no path to permissibility at all (even barring special circumstances), neither in the case of self-defense nor in the case of punishment. The limiting conditions of self-defense, for instance – necessity, proportionality (or no gross disproportionality), and the subjective element – are different in the context of forfeiture than in the context of justification (and might even be absent in the former context). In particular, I argue that a culpable aggressor, unlike an (...)
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  28. Victims of Trafficking, Reproductive Rights, and Asylum.Diana Tietjens Meyers - 2016 - Oxford Handbook of Reproductive Ethics.
    My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also at stake. (...)
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  29. What are Human Rights? The Concept of Human Rights and its Extra-Legal Justification.Marek Piechowiak - 1999 - In Raija Hanski Markku Suksi (ed.), An Introduction to the International Protection of Human Rights. A Textbook.
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  30. Perceptual justification and objectual attitudes.Valentina Martinis - 2024 - Synthese 203 (5):1-24.
    Some philosophers claim that perception immediately and prima facie justifies belief in virtue of its phenomenal character (Huemer, Skepticism and the veil of perception. Rowman & Littlefield, Lanham, 2001; Pryor, There is immediate justification. In: Steup M, Sosa E (eds) Contemporary debates in epistemology. Blackwell, London (2014), pp. 181–202, 2005). To explain this special justificatory power, some appeal to perception’s presentational character: the idea that perceptual experience presents its objects as existing here-and-now (Chudnoff, Intuition. Oxford University Press, Oxford, 2013; (...)
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  31. The Right in the Good: A Defense of Teleological Non-Consequentialism in Epistemology.Clayton Littlejohn - 2018 - In Kristoffer Ahlstrom-Vij & Jeff Dunn (eds.), Epistemic Consequentialism. Oxford: Oxford University Press. pp. 23-47.
    There has been considerable discussion recently of consequentialist justifications of epistemic norms. In this paper, I shall argue that these justifications are not justifications. The consequentialist needs a value theory, a theory of the epistemic good. The standard theory treats accuracy as the fundamental epistemic good and assumes that it is a good that calls for promotion. Both claims are mistaken. The fundamental epistemic good involves accuracy, but it involves more than just that. The fundamental epistemic good is knowledge, not (...)
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  32. Democracy out of Reason? Comment on Rainer Forst's "The Rule of Reasons".Stefan Gosepath - 2001 - Ratio Juris 14 (4):379-389.
    In my paper, I comment on Rainer Forst's paper in this issue. I raise doubts as to whether the justification of democracy emerges from a fundamental moral right to reciprocal and general justification, as Forst claims. His basic argument appears questionable because democracy is different from a “hypothetical‐consent‐conception” of moral legitimacy, which limits as well as enables democratic legitimacy. The former cannot, however, justify the latter through an argument centered on self‐government: Such an argument relies heavily on (...)
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  33. Rights and Virtues: the groundwork of a virtue-based theory of rights.Ondřej Micka - 2018 - Dissertation, University of Glasgow
    The dissertation investigates whether virtue ethics can provide the normative ground for the justification of rights. Most justificatory accounts of rights consist in different explanations of the function of rights. On the view I will defend, rights have a plurality of functions and one of the main functions of rights is to make the right-holder more virtuous. The idea that the possession of rights leads to the development of virtues, called the function of virtue acquisition, is the core (...)
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  34. Requirements to Justify Breastfeeding in Public: A philosophical analysis.Fiona Woollard - 2019 - International Breastfeeding Journal 14 (14):14-26.
    It may be tempting for breastfeeding advocates to respond to challenges to breastfeeding older children or breastfeeding in public by pointing out the nutritional or developmental benefits of breastfeeding or by noting that breastfeeding is often extremely discreet. Such responses may concede more than they should: by focusing on rebutting the empirical claim, breastfeeding supporters may end up implicitly accepting two presuppositions about breastfeeding: first, the presupposition that breastfeeding requires justification in terms of health or developmental benefits to the (...)
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  35. The Kant-Inspired Indirect Argument for Non-Sentient Robot Rights.Tobias Flattery - 2023 - AI and Ethics.
    Some argue that robots could never be sentient, and thus could never have intrinsic moral status. Others disagree, believing that robots indeed will be sentient and thus will have moral status. But a third group thinks that, even if robots could never have moral status, we still have a strong moral reason to treat some robots as if they do. Drawing on a Kantian argument for indirect animal rights, a number of technology ethicists contend that our treatment of anthropomorphic or (...)
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  36. 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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  37. Decision procedures, standards of rightness and impartiality.Cynthia A. Stark - 1997 - Noûs 31 (4):478-495.
    I argue that partialist critics of deontological theories make a mistake similar to one made by critics of utilitarianism: they fail to distinguish between a theory’s decision procedure and its standard of rightness. That is, they take these deontological theories to be offering a method for moral deliberation when they are in fact offering justificatory arguments for moral principles. And while deontologists, like utilitarians do incorporate impartiality into their justifications for basic principles, many do not require that agents utilize impartial (...)
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  38. Rights, Values, (the) Meaning in/of Life and Socrates’s ‘How Should One Live?’: A Rationally-Unquestionable Interpretation.Kym Farrand - manuscript
    This paper expands on another which focussed on Socrates’s question: ‘How should one live?’. The present paper also focusses on the ‘meaning of life’ and ‘meaning in life’ issues, and more on rights. To fully rationally answer Socrates’s question, we need to answer the epistemic question: ‘How can one know how one should live?’. This paper attempts to answer both. And knowing how one should live fundamentally involves knowing what values one should live by. This includes which rights one should (...)
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  39. The Structure of Justification.Ali Hasan - forthcoming - In Mathias Steup (ed.), Blackwell Companion to Epistemology. Blackwell.
    In this chapter, we examine different views of the structure of justification, including foundationalism, infinitism, and coherentism. We investigate how well or poorly they seem to do in responding to the regress problem, accommodating a robust connection between justification and truth, and getting the contours of justification right—i.e., making justification neither too easy nor too hard to get. We end by briefly discussing some challenges to finding a single sense of “foundational belief” defining the debate.
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  40. Human Rights, An Overview.Abram Trosky - 2014 - Encyclopedia of Critical Psychology:908–915.
    The discursive character of human rights prevents a precise summary of historical origin, rationale, or definition outside of the various codifications in religious texts, secular philosophies, founding national documents, and international treaties, charters, conventions, covenants, declarations, and protocols. Regarding the objects of human rights, we can speak of a “foundational five” 1) Personal security 2) Material subsistence 3) Elemental equality 4) Personal Freedom and 5) Recognition as a member of the human community. Despite, or perhaps because of its multivalence, the (...)
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  41. Recht und Rechtfertigung Zur rechtstheoretischen Dimension des moralischen Rechts auf Rechtfertigung.Lorenz Engi - 2016 - Archiv Fuer Rechts Und Sozialphilosphie 102 (3):353-362.
    The right to justification is the central tenet of Rainer Forst's theory of justice: every person has the moral right to receive justification for morally relevant actions. This approach is instructive also from a jurisprudential perspective. One important purpose of the law is to force state authorities to provide justifications for their actions. Therefore, based on the right to legal equality, justification must be provided for any unequal treatment. Likewise, restrictions of fundamental rights in (...)
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  42. 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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  43. On Actualist and Fundamental Public Justification in Political Liberalism.Thomas M. Besch - 2020 - Philosophia 48 (5):1777-1799.
    Public justification in political liberalism is often conceptualized in light of Rawls’s view of its role in a hypothetical well-ordered society as an ideal or idealizing form of justification that applies a putatively reasonable conception of political justice to political matters. But Rawls implicates a different idea of public justification in his doctrine of general reflective equilibrium. The paper engages this second, more fundamental idea. Public justification in this second sense is actualist and fundamental. It is (...)
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  44. Is Justification Just in the Head?Clayton Littlejohn - 2024 - In Blake Roeber, Ernest Sosa, Matthias Steup & John Turri (eds.), Contemporary Debates in Epistemology, 3rd edition. Wiley-Blackwell.
    I argue that justification isn't just in the head. The argument is simple. We should be guided by our beliefs. We shouldn't be guided by anything to do what we shouldn't do. So, we shouldn't believe in ways that would guide us to do the things that we shouldn't. Among the various things we should do is discharge our duties (e.g., to fulfil our promissory obligations) and respect the rights of others (e.g., rights not to be harmed or killed (...)
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  45. The Rights of the Guilty: Punishment and Political Legitimacy.Corey Brettschneider - 2007 - Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua (...)
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  46. 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 their (...)
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  47. Which Takes Precedence: Collective Rights or Culture?William Conklin - 2015 - In Almed Momeni-Rad, Arian Petoft & Alireza Sayadmansom (eds.), Cultural Rights: an Anthology. Iranian Cultural Services Society. pp. 115-152.
    This Paper claims that, contrary to the common assumption of Anglo-American jurists, collective rights are secondary to a analytically and experientially prior culture. Culture constitutes the identity and content of a collective right. The thrust of my Paper examines the disjunction between collective rights and the culture constituting a collective right. The clue to the disjuncture is that a collective right is assumed to be a rule or principle signified or represented in a written language. A rule (...)
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  48. A note concerning justification and access.Clayton Littlejohn - 2013 - Episteme 10 (4):369-386.
    Certain combinations of attitudes are manifestly unreasonable. It is unreasonable to believe that dogs bark, for example, if one concedes that one has no justification to believe this. Why are the irrational combinations irrational? One suggestion is that these are attitudes that a subject cannot have justification to have. If this is right, we can test claims about the structure of propositional justification by relying on our observations about which combinations of attitudes constitute Moorean absurd pairs. (...)
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  49. Elaborating Aquinas' epistemology: From being to knowledge.Nicholas Anakwue - 2017 - Philosophy Pathways 216 (1):1-12.
    Amidst the broad divergence in opinion of philosophers and scientists at understanding reality that has lent character to the historical epochs of the Philosophical enterprise, the crucial realization has always been, of the necessity of Epistemology in our entire program of making inquiry into ‘What Is’. This realization seems born out of the erstwhile problem of knowing. Epistemology, which investigates the nature, sources, limitations and validating of knowledge, offers a striking challenge here. Since we have no direct access to our (...)
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  50. Just Cause and 'Right Intention'.Uwe Steinhoff - 2014 - Journal of Military Ethics 13 (1):32-48.
    I argue that the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied. The advantage of this account is that it is applicable to all wars, even to wars where nobody will be killed or where the enemy has not committed a rights violation but can be justifiably warred against anyway. (...)
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