Results for 'duty to protect'

984 found
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  1. The Duty to Protect, Abortion, and Organ Donation.Emily Carroll & Parker Crutchfield - 2022 - Cambridge Quarterly of Healthcare Ethics 31 (3):333-343.
    Some people oppose abortion on the grounds that fetuses have full moral status and thus a right to not be killed. We argue that special obligations that hold between mother and fetus also hold between parents and their children. We argue that if these special obligations necessitate the sacrifice of bodily autonomy in the case of abortion, then they also necessitate the sacrifice of bodily autonomy in the case of organ donation. If we accept the argument that it is obligatory (...)
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  2. The Duty to Protect.Kok-Chor Tan - 2005 - In Terry Nardin & Melissa S. Williams (eds.), Humanitarian Intervention: Nomos Xlvii. New York University Press.
    Debates on humanitarian intervention have focused on the permissibility question. In this paper, I ask whether intervention can be a moral duty, and if it is a moral duty, how this duty is to be distributed and assigned. With respect to the first question, I contemplate whether an intervention that has met the "permissibility" condition is also for this reason necessary and obligatory. If so, the gap between permission and obligation closes in the case of humanitarian intervention. (...)
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  3. The Moral Duty to Buy Health Insurance.Tina Rulli, Ezekiel Emanuel & David Wendler - 2012 - Journal of the American Medical Association 308 (2):137-138.
    The 2010 Patient Protection and Affordable Care Act was designed to increase health insurance coverage in the United States. Its most controversial feature is the requirement that US residents purchase health insurance. Opponents of the mandate argue that requiring people to contribute to the collective good is inconsistent with respect for individual liberty. Rather than appeal to the collective good, this Viewpoint argues for a duty to buy health insurance based on the moral duty individuals have to reduce (...)
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  4. The Duty to Edit the Human Germline.Parker Crutchfield - 2022 - Res Publica 29 (3):347-365.
    Many people find the manipulation of the human germline—editing the DNA of sperm or egg cells such that these genetic changes are passed to the resulting offspring—to be morally impermissible. In this paper, I argue for the claim that editing the human germline is morally permissible. My argument starts with the claim that outcome uncertainty regarding the effects of germline editing shows that the duty to not harm cannot ground the prohibition of germline editing. Instead, if germline editing is (...)
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  5. The duty to bring children living in conflict zones to a safe haven.Gottfried Schweiger - 2016 - Journal of Global Ethics 12 (3):380-397.
    In this paper, I will discuss a children’s rights-based argument for the duty of states, as a joint effort, to establish an effective program to help bring children out of conflict zones, such as parts of Syria, and to a safe haven. Children are among the most vulnerable subjects in violent conflicts who suffer greatly and have their human rights brutally violated as a consequence. Furthermore, children are also a group whose capacities to protect themselves are very limited, (...)
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  6. The Duty to Promote Digital Minimalism in Group Agents.Timothy Aylsworth & Clinton Castro - 2024 - In Timothy Aylsworth & Clinton Castro (eds.), Kantian Ethics and the Attention Economy. Palgrave Macmillan.
    In this chapter, we turn our attention to the effects of the attention economy on our ability to act autonomously as a group. We begin by clarifying which sorts of groups we are concerned with, which are structured groups (groups sufficiently organized that it makes sense to attribute agency to the group itself). Drawing on recent work by Purves and Davis (2022), we describe the essential roles of trust (i.e., depending on groups to fulfill their commitments) and trustworthiness (i.e., the (...)
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  7. Is There a Duty to Militarily Intervene to Stop a Genocide?Uwe Steinhoff - 2017 - In Christian Neuhäuser & Christoph Schuck (eds.), Military Interventions: Considerations From Philosophy and Political Science. Nomos Verlagsgesellschaft.
    Is there is a moral obligation to militarily intervene in another state to stop a genocide from happening (if this can be done with proportionate force)? My answer is that under exceptional circumstances a state or even a non-state actor might have a duty to stop a genocide (for example if these actors have promised to do so), but under most circumstances there is no such obligation. To wit, “humanity,” states, collectives, and individuals do not have an obligation to (...)
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  8. Do corporations have a duty to be trustworthy?Nikolas Kirby, Andrew Kirton & Aisling Crean - 2018 - Journal of the British Academy 6 (Supplementary issue 1):75-129.
    Since the global financial crisis in 2008, corporations have faced a crisis of trust, with growing sentiment against ‘elites and ‘big business’ and a feeling that ‘something ought to be done’ to re-establish public regard for corporations. Trust and trustworthiness are deeply moral significant. They provide the ‘glue or lubricant’ that begets reciprocity, decreases risk, secures dignity and respect, and safeguards against the subordination of the powerless to the powerful. However, in deciding how to restore trust, it is difficult to (...)
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  9. A Liberal Defence of (Some) Duties to Compatriots.Seth Lazar - 2010 - Journal of Applied Philosophy 27 (3):246-257.
    This paper asks whether we can defend associative duties to our compatriots that are grounded solely in the relationship of liberal co-citizenship. The sort of duties that are especially salient to this relationship are duties of justice, duties to protect and improve the institutions that constitute that relationship, and a duty to favour the interests of compatriots over those of foreigners. Critics have argued that the liberal conception of citizenship is too insubstantial to sustain these duties — indeed, (...)
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  10. Protecting Future Generations by Enhancing Current Generations.Parker Crutchfield - 2023 - In Fabrice Jotterand & Marcello Ienca (eds.), The Routledge Handbook of the Ethics of Human Enhancement. Routledge.
    It is plausible that current generations owe something to future generations. One possibility is that we have a duty to not harm them. Another possibility is that we have a duty to protect them. In either case, however, to satisfy the duties to future generations from environmental or political degradation, we need to engage in widespread collective action. But, as we are, we have a limited ability to do so, in part because we lack the self-discipline necessary (...)
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  11. Associative Duties and the Ethics of Killing in War.Seth Lazar - 2013 - Journal of Practical Ethics 1 (1):3-48.
    this paper advances a novel account of part of what justifies killing in war, grounded in the duties we owe to our loved ones to protect them from the severe harms with which war threatens them. It discusses the foundations of associative duties, then identifies the sorts of relationships, and the specific duties that they ground, which can be relevant to the ethics of war. It explains how those associa- tive duties can justify killing in theory—in particular how they (...)
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  12. Third Party Duty of Justice.Kumie Hattori - 2024 - Archiv für Rechts- und Sozialphilosophie 110 (1):5-29.
    This paper explores the theoretical basis of the third party’s duty of justice as to grave human rights violations, presenting role obligations as the best complement to the literature. It begins with discussions on agents of justice in duty-based theories, notably O’Neill’s account on global justice, and rights-based theories, which are both included in the institution-centred perspective. I claim that these studies have failed to consider an individual duty bearer’s motive, autonomous reasoning and integrity in relation to (...)
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  13. In Our Best Interest: Meeting Moral Duties to Lesbian, Gay, and Bisexual Adolescent Students.Patricia Illingworth & Timothy Murphy - 2004 - Journal of Social Philosophy 35 (2):198-210.
    It is unclear that United States schools are doing sufficient work to identify and protect the interests of their LGB students this analysis, we rely on certain public-health research in social epidemiology to show that discrimination against LGB adolescents imposes morally significant harms to both adolescents and community. We apply "trust” and “social capital” to educational standards and practices as foundations for educational practices that work toward full equality of LGB students in regard to opportunity and other primary social (...)
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  14. Provocation, Self‐Defense, and Protective Duties.Jonas Haeg - 2024 - Philosophy and Public Affairs 52 (4):465-499.
    This paper explores why victims who provoke their aggressors seem to compromise their right to self-defence. First, it argues that one proposed answer – the victims are partially responsible for the threats they face – fails. It faces counterexamples that it cannot adequately address. Second, the paper develops the Protective Duty View according to which we incur protective duties towards others when we interfere with their reasonable opportunities to avoid suffering harm. Since provokers wrongfully interfere with prospective aggressors’ opportunities (...)
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  15. Limiting Access to Certain Anonymous Information: From the Group Right to Privacy to the Principle of Protecting the Vulnerable.Haleh Asgarinia - 2024 - Journal of Value Inquiry 58 (1):1-27.
    An issue about the privacy of the clustered groups designed by algorithms arises when attempts are made to access certain pieces of information about those groups that would likely be used to harm them. Therefore, limitations must be imposed regarding accessing such information about clustered groups. In the discourse on group privacy, it is argued that the right to privacy of such groups should be recognised to respect group privacy, protecting clustered groups against discrimination. According to this viewpoint, this right (...)
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  16. Uncertainty, Vaccination, and the Duties of Liberal States.Pei-Hua Huang - 2022 - In Matthew James Dennis, Georgy Ishmaev, Steven Umbrello & Jeroen van den Hoven (eds.), Values for a Post-Pandemic Future. Cham: Springer. pp. 97-110.
    It is widely accepted that a liberal state has a general duty to protect its people from undue health risks. However, the unprecedented emergent measures against the COVID-19 pandemic taken by governments worldwide give rise to questions regarding the extent to which this duty may be used to justify suspending a vaccine rollout on marginal safety grounds. -/- In this chapter, I use the case of vaccination to argue that while a liberal state has a general (...) to protect its people’s health, there is a limit to the measures this duty can be used to justify. First, I argue that since every available option involves different risks and benefits, the incommensurability of the involved risks and benefits forbids the prioritisation of a particular vaccine. Second, I argue that given epistemic limitations and uncertainty, policies that favour certain vaccines are not only epistemically ill-founded but also morally unacceptable. I conclude that in a highly uncertain situation such as the unfolding pandemic, the duty a liberal state ought to uphold is to properly communicate the knowns and unknowns to the general public and help people decide which option to choose for themselves. I call this duty the duty to facilitate risk-taking. (shrink)
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  17. Compensation Duties.Kian Mintz-Woo - 2023 - In Gianfranco Pellegrino & Marcello Di Paola (eds.), Handbook of the Philosophy of Climate Change. Springer. pp. 779-797.
    While mitigation and adaptation will help to protect us from climate change, there are harms that are beyond our ability to adapt. Some of these harms, which may have been instigated from historical emissions, plausibly give rise to duties of compensation. This chapter discusses several principles that have been discussed about how to divide climate duties—the polluter pays principle, the beneficiary pays principle, the ability to pay principle, and a new one, the polluter pays, then receives principle. The chapter (...)
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  18.  93
    Compensation Duties.Kian Mintz-Woo - 2023 - In Gianfranco Pellegrino & Marcello Di Paola (eds.), Handbook of the Philosophy of Climate Change. Springer. pp. 779-797.
    While mitigation and adaptation will help to protect us from climate change, there are harms that are beyond our ability to adapt. Some of these harms, which may have been instigated from historical emissions, plausibly give rise to duties of compensation. This chapter discusses several principles that have been discussed about how to divide climate duties – the polluter pays principle, the beneficiary pays principle, the ability to pay principle, and a new one, the polluter pays, then receives principle. (...)
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  19. The Right to Parent and Duties Concerning Future Generations.Anca Gheaus - 2016 - Journal of Political Philosophy 24 (1):487-508.
    Several philosophers argue that individuals have an interest-protecting right to parent; specifically, the interest is in rearing children whom one can parent adequately. If such a right exists it can provide a solution to scepticism about duties of justice concerning distant future generations and bypass the challenge provided by the non-identity problem. Current children - whose identity is independent from environment-affecting decisions of current adults - will have, in due course, a right to parent. Adequate parenting requires resources. We owe (...)
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  20. Uncertainty, Vaccination, and the Duties of Liberal States.Pei-Hua Huang - 2022 - In Matthew James Dennis, Georgy Ishmaev, Steven Umbrello & Jeroen van den Hoven (eds.), Values for a Post-Pandemic Future. Cham: Springer. pp. 97-110.
    It is widely accepted that a liberal state has a general duty to protect its people from undue health risks. However, the unprecedented emergent measures against the COVID-19 pandemic taken by governments worldwide give rise to questions regarding the extent to which this duty may be used to justify suspending a vaccine rollout on marginal safety grounds. -/- In this chapter, I use the case of vaccination to argue that while a liberal state has a general (...) to protect its people’s health, there is a limit to the measures this duty can be used to justify. First, I argue that since every available option involves different risks and benefits, the incommensurability of the involved risks and benefits forbids the prioritisation of a particular vaccine. Second, I argue that given epistemic limitations and uncertainty, policies that favour certain vaccines are not only epistemically ill-founded but also morally unacceptable. I conclude that in a highly uncertain situation such as the unfolding pandemic, the duty a liberal state ought to uphold is to properly communicate the knowns and unknowns to the general public and help people decide which option to choose for themselves. I call this duty the duty to facilitate risk-taking. (shrink)
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  21. The Identity-Enactment Account of associative duties.Saba Bazargan-Forward - 2019 - Philosophical Studies 176 (9):2351-2370.
    Associative duties are agent-centered duties to give defeasible moral priority to our special ties. Our strongest associative duties are to close friends and family. According to reductionists, our associative duties are just special duties—i.e., duties arising from what I have done to others, or what others have done to me. These include duties to abide by promises and contracts, compensate our benefactors in ways expressing gratitude, and aid those whom we have made especially vulnerable to our conduct. I argue, though, (...)
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  22. Basic Positive Duties of Justice and Narveson's Libertarian Challenge.Pablo Gilabert - 2006 - Southern Journal of Philosophy 44 (2):193-216.
    Are positive duties to help others in need mere informal duties of virtue or can they also be enforceable duties of justice? In this paper I defend the claim that some positive duties (which I call basic positive duties) can be duties of justice against one of the most important prin- cipled objections to it. This is the libertarian challenge, according to which only negative duties to avoid harming others can be duties of justice, whereas positive duties (basic or nonbasic) (...)
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  23. Scientific and Ethical Considerations in Rare Species Protection: The Case of Beavers in Connecticut.Frank J. Dirrigl Jr, Holmes Rolston & Joshua H. Wilson - 2021 - Ethics and the Environment 26 (1):121-140.
    The protection of rare species abounds with scientific and ethical considerations. An ethical dilemma can emerge when the life of one species is valued higher than that of another, and so we discuss the basis of ranking, protection, and valuation of plants and animals. A duty to protect rare species exists in this age of great losses to plant and animal life, but the scientific and public communities are not always in agreement regarding what species deserve protection. Using (...)
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  24. Is It Okay to Let My Child Be Stung by a Wasp?Fiona Woollard - 2019 - The Philosophers' Magazine 86:51-57.
    I recently told my uncle that I thought I had come up with a way of showing that a mother who saw her child about to be stung by a wasp should try to intervene. I’d been working on this for several months. My uncle did not look very impressed. To be fair, it doesn’t sound like a very impressive result. Surely it is just utterly obviously that mothers should protect their children from wasps? So why had this taken (...)
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  25. A new problem of evil: authority and the duty of interference.Luke Maring - 2012 - Religious Studies 48 (4):497 - 514.
    The traditional problem of evil sets theists the task of reconciling two things: God and evil. I argue that theists face the more difficult task of reconciling God and evils that God is specially obligated to prevent. Because of His authority, God's obligation to curtail evil goes far beyond our Samaritan duty to prevent evil when doing so isn't overly hard. Authorities owe their subjects a positive obligation to prevent certain evils; we have a right against our authorities that (...)
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  26. Harm, "No Platforming" and the Mission of the University: A reply to McGregor.Lisa L. Fuller - 2020 - In Democracy, Populism and Truth. AMINTAPHIL: The Philosophical Foundations of Law and Justice 9. Jersey City, NJ, USA: pp. 91-101.
    Joan McGregor argues that “colleges and universities should adopt as part of their core mission the development of skills of civil discourse” rather than engaging in the practice of restricting controversial speakers from making presentations on campuses. I agree with McGregor concerning the need for increased civil discourse. However, this does not mean universities should welcome speakers to publicly present any material they wish without restriction or oversight. In this paper, I make three main arguments: (i) Colleges and universities have (...)
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  27. Duty and the Beast: Should We Eat Meat in the Name of Animal Rights?Andy Lamey - 2019 - Cambridge, UK: Cambridge University Press.
    The moral status of animals is a subject of controversy both within and beyond academic philosophy, especially regarding the question of whether and when it is ethical to eat meat. A commitment to animal rights and related notions of animal protection is often thought to entail a plant-based diet, but recent philosophical work challenges this view by arguing that, even if animals warrant a high degree of moral standing, we are permitted - or even obliged - to eat meat. Andy (...)
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  28. Standard Threats: How to Violate Basic Human Rights.Anthony R. Reeves - 2015 - Social Theory and Practice 41 (3):403-434.
    The paper addresses the nature of duties grounded in human rights. Rather than being protections against harm, per se, I contend that human rights largely shield against risk impositions to protected interests. “Risk imposition” is a normative idea requiring explication, but understanding dutiful action in its terms enables human rights to provide prospective policy guidance, hold institutions accountable, operate in non-ideal circumstances, embody impartiality among persons, and define the moral status of agencies in international relations. Slightly differently, I indicate a (...)
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  29. A Right to Work and Fair Conditions of Employment.Kory Schaff - 2017 - In _Fair Work: Ethics, Social Policy, Globalization_. Rowman & Littlefield International. pp. 41-55.
    The present paper argues that a right to work, defined as social and legal guarantees to fair conditions of employment, should be an essential part of a democratic state with market arrangements. This argument proceeds along the following lines. First, I reconstruct an account of rights that defends the “correlativity” thesis of rights and duties. The basic idea is that a social member’s legitimate demand to something of value, such as gainful employment, implies duties on the part of others to (...)
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  30. Legal Personhood for Artificial Intelligence: Citizenship as the Exception to the Rule.Tyler L. Jaynes - 2020 - AI and Society 35 (2):343-354.
    The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the USA and elsewhere, (...)
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  31. Kantian Ethics and the Attention Economy.Timothy Aylsworth & Clinton Castro - 2024 - Palgrave Macmillan.
    In this open access book, Timothy Aylsworth and Clinton Castro draw on the deep well of Kantian ethics to argue that we have moral duties, both to ourselves and to others, to protect our autonomy from the threat posed by the problematic use of technology. The problematic use of technologies like smartphones threatens our autonomy in a variety of ways, and critics have only begun to appreciate the vast scope of this problem. In the last decade, we have seen (...)
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  32. Kantianism for Animals.Nico Dario Müller - 2022 - New York City, New York, USA: Palgrave Macmillan.
    This open access book revises Kant’s ethical thought in one of its most notorious respects: its exclusion of animals from moral consideration. The book gives readers in animal ethics an accessible introduction to Kant’s views on our duties to others, and his view that we have only ‘indirect’ duties regarding animals. It then investigates how one would have to depart from Kant in order to recognise that animals matter morally for their own sake. Particular attention is paid to Kant’s ‘Formula (...)
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  33. The Tarasoff rule: the implications of interstate variation and gaps in professional training.Rebecca Johnson, Govind Persad & Dominic Sisti - 2014 - Journal of the American Academy of Psychiatry and the Law Online 42 (4):469-477.
    Recent events have revived questions about the circumstances that ought to trigger therapists' duty to warn or protect. There is extensive interstate variation in duty to warn or protect statutes enacted and rulings made in the wake of the California Tarasoff ruling. These duties may be codified in legislative statutes, established in common law through court rulings, or remain unspecified. Furthermore, the duty to warn or protect is not only variable between states but also (...)
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  34. Does a person have a right to attention? Depends on what she is doing.Kaisa Kärki & Visa Kurki - 2023 - Philosophy and Technology 36 (86):1-16.
    It has been debated whether the so-called attention economy, in which the attention of agents is measured and sold, jeopardizes something of value. One strand of this discussion has focused on so-called attention rights, asking: should attention be legally protected, either by introducing novel rights or by extending the scope of pre-existing rights? In this paper, however, in order to further this discussion, we ask: How is attention already protected legally? In what situations does a person have the right to (...)
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  35. A challenge to unqualified medical confidentiality.Alexander Bozzo - 2017 - Journal of Medical Ethics 44:medethics-2017-104359.
    Medical personnel sometimes face a seeming conflict between a duty to respect patient confidentiality and a duty to warn or protect endangered third parties. The conventional answer to dilemmas of this sort is that, in certain circumstances, medical professionals have an obligation to breach confidentiality. Kenneth Kipnis has argued, however, that the conventional wisdom on the nature of medical confidentiality is mistaken. Kipnis argues that the obligation to respect patient confidentiality is unqualified or absolute, since unqualified policies (...)
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  36. Truthfulness in Transition: The Value of Insisting on Experiential Adequacy.Cindy Holder - 2013 - In Larry May & Edenberg Elizabeth (eds.), Jus Post Bellum and Transitional Justice. Cambridge: Cambridge University Press. pp. 244-261.
    It has come to be widely accepted that jus post bellum includes responsibilities to rebuild. Consequently, duties to establish a sustainable peace are increasingly defined in terms of duties to protect and promote international human rights, including duties to effectively investigate human rights violations, to ensure access to effective remedy, and to transform institutional and legal contexts that have facilitated or sustained human abuse. But what are investigations by transitional bodies seeking when they take on these tasks? Often, investigators (...)
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  37. Unrequited Love, Self-victimisation and the Target of Appropriate Resentment.Anca Gheaus - 2021 - The Journal of Ethics 25 (4):487-499.
    In “Tragedy and Resentment” Ulrika Carlsson claims that there are cases when we are justified in feeling non-moral resentment against someone who harms us without wronging us, when the harm either consists in their attitude towards us or in the emotional suffering triggered by their attitudes. Since they had no duty to protect us from harm, the objectionable attitude is not disrespect but a failure to show love, admiration, or appreciation for us. I explain why unrequited love is (...)
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  38. 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 (...)
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  39. Negligent Algorithmic Discrimination.Andrés Páez - 2021 - Law and Contemporary Problems 84 (3):19-33.
    The use of machine learning algorithms has become ubiquitous in hiring decisions. Recent studies have shown that many of these algorithms generate unlawful discriminatory effects in every step of the process. The training phase of the machine learning models used in these decisions has been identified as the main source of bias. For a long time, discrimination cases have been analyzed under the banner of disparate treatment and disparate impact, but these concepts have been shown to be ineffective in the (...)
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  40. Sapienti os in corde, stulto cor in ore esse – Johann Gottlieb Heineccius on natural duties concerning free thought and free speech.Katerina Mihaylova - forthcoming - In Frank Grunert & Knud Haakonssen (eds.), Love as the Principle of Natural Law. The Natural Law Theory of Johann Gottlieb Heineccius and its Contexts.
    In his "Elementa Iuris Naturae et Gentium" Johann Gottlieb Heineccius presents a unique account of love as the principle of natural law, referring to the main concern of early modern protestant theories of natural law: the importance of securing subjective rights by a law. Heineccius accepts the universal character of subjective rights derived from human nature, claiming their protection as natural duties required by a law. This chapter provides an attempt to explain the specific ways in which Heineccius deals with (...)
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  41. Climate Change and Our Moral Obligations to Future Generations: A Critical Analysis (8th edition).Shamim Ara Pia - 2018 - Jibon Doshon 8 (ISSN 2312-7848):141-160.
    Climate is a fundamental element of the environment. Human beings' sound living depends on a healthy and sustainable climate. However, our climate is losing its natural balance day by day. As a result, it is posing harmful effects on us through different types of natural calamities. Apart from several natural processes, anthropocentric (human-caused) activities are the main cause of it. Different types of natural disasters that are occurring in the environment—for instance, hurricanes, cyclones, earthquakes, mudslides, floods, wildfires, volcanic eruptions, and (...)
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  42. Justifying Standing to Give Reasons: Hypocrisy, Minding Your Own Business, and Knowing One's Place.Ori J. Herstein - 2020 - Philosophers' Imprint 20 (7).
    What justifies practices of “standing”? Numerous everyday practices exhibit the normativity of standing: forbidding certain interventions and permitting ignoring them. The normativity of standing is grounded in facts about the person intervening and not on the validity of her intervention. When valid, directives are reasons to do as directed. When interventions take the form of directives, standing practices may permit excluding those directives from one’s practical deliberations, regardless of their validity or normative weight. Standing practices are, therefore, puzzling – forbidding (...)
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  43. Should we Consult Kant when Assessing Agent’s Moral Responsibility for Harm?Friderik Klampfer - 2009 - Balkan Journal of Philosophy 1 (2):131-156.
    The paper focuses on the conditions under which an agent can be justifiably held responsible or liable for the harmful consequences of his or her actions. Kant has famously argued that as long as the agent fulfills his or her moral duty, he or she cannot be blamed for any potential harm that might result from his or her action, no matter how foreseeable these may (have) be(en). I call this the Duty-Absolves-Thesis or DA. I begin by stating (...)
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  44. A Nonideal Theory of Justice.Marcus Arvan - 2008 - Dissertation, University of Arizona
    This dissertation defends a “non-ideal theory” of justice: a systematic theory of how to respond justly to injustice. Chapter 1 argues that contemporary political philosophy lacks a non-ideal theory of justice, and defends a variation of John Rawls’ famous original position – a Non-Ideal Original Position – as a method with which to construct such a theory. Chapter 1 then uses the Non-Ideal Original Position to argue for a Fundamental Principle of Non-Ideal Theory: a principle that requires injustices to be (...)
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  45. (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 are, (...)
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  46. 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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  47. Taking Freedom Seriously: A Pre-Legal Model of Freedom, Interferences, Rights and Duties.Mike Huben - manuscript
    Freedom, liberty and rights are terms that long have suffered from vagueness that allows a host of differing interpretations, most of them ideological and overly simplistic. Good, serious modeling descriptions of those terms would not overlook the necessary complexity involved in these social interactions. MacCallum’s idea of (political and social) triadic freedom is here extended to include resources, ability, externalities, benefits to the exerciser, and reasons for non-interference. Interference is described as a subset of freedoms with significant externalities. A right (...)
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  48. Compensation and Proportionality in War.Saba Bazargan-Forward - 2017 - In Finkelstein Claire, Larry Larry & Ohlin Jens David (eds.), Weighing Lives in War. Oxford University Press).
    Even in just wars we infringe the rights of countless civilians whose ruination enables us to protect our own rights. These civilians are owed compensation, even in cases where the collateral harms they suffer satisfy the proportionality constraint. I argue that those who authorize or commit the infringements and who also benefit from those harms will bear that compensatory duty, even if the unjust aggressor cannot or will not discharge that duty. I argue further that if we (...)
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  49. (1 other version)Economic Participation Rights and the All-Affected Principle.Annette Zimmermann - 2017 - Global Justice: Theory Practice Rhetoric 10 (2):1-21.
    The democratic boundary problem raises the question of who has democratic participation rights in a given polity and why. One possible solution to this problem is the all-affected principle, according to which a polity ought to enfranchise all persons whose interests are affected by the polity’s decisions in a morally significant way. While AAP offers a plausible principle of democratic enfranchisement, its supporters have so far not paid sufficient attention to economic participation rights. I argue that if one commits oneself (...)
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  50. A Defense of Free-Roaming Cats from a Hedonist Account of Feline Well-being.C. E. Abbate - 2020 - Acta Analytica 35 (3):439-461.
    There is a widespread belief that for their own safety and for the protection of wildlife, cats should be permanently kept indoors. Against this view, I argue that cat guardians have a duty to provide their feline companions with outdoor access. The argument is based on a sophisticated hedonistic account of animal well-being that acknowledges that the performance of species-normal ethological behavior is especially pleasurable. Territorial behavior, which requires outdoor access, is a feline-normal ethological behavior, so when a cat (...)
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