Results for 'right to parent'

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  1. 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. (...)
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  2. Is There a Right to Parent?Anca Gheaus - 2015 - Law, Ethics and Philosophy.
    A short paper discussing the question of whether adults' interest in parenting can play a role in justifying the right to rear children.
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  3. The Right to Parent One's Biological Baby.Anca Gheaus - 2012 - 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, (...)
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  4.  88
    Genetic Affinity and the Right to ‘Three-Parent IVF’.G. Owen Schaefer & Markus Labude - 2017 - Journal of Assisted Reproduction and Genetics 34 (12):1577-1580.
    With the recent report of a live birth after use of Mitochondrial replacement therapy, sometimes called ‘Three-parent IVF’, the clinical application of the technique is fast becoming a reality. While the United Kingdom allows the procedure under regulatory scrutiny, it remains effectively outlawed in many other countries. We argue that such prohibitions may violate individuals’ procreative rights, grounded in individuals’ interest in genetic affinity. The interest in genetic affinity was recently endorsed by Singapore’s highest court, reflecting an emphasis on (...)
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  5. Ectogenesis, Abortion and a Right to the Death of the Fetus.Joona Räsänen - 2017 - Bioethics 31 (9):697-702.
    Many people believe that the abortion debate will end when at some point in the future it will be possible for fetuses to develop outside the womb. Ectogenesis, as this technology is called, would make possible to reconcile pro-life and pro-choice positions. That is because it is commonly believed that there is no right to the death of the fetus if it can be detached alive and gestated in an artificial womb. Recently Eric Mathison and Jeremy Davis defended this (...)
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  6. Can a Right to Reproduce Justify the Status Quo on Parental Licensing?Andrew Botterell & Carolyn McLeod - manuscript
    The status quo on parental licensing in most Western jurisdictions is that licensing is required in the case of adoption but not in the case of assisted or unassisted biological reproduction. To have a child via adoption, one must fulfill licensing requirements, which, beyond the usual home study, can include mandatory participation in parenting classes. One is exempt from these requirements, however, if one has a child via biological reproduction, including assisted reproduction involving donor gametes or a contract pregnancy. In (...)
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  7. The Normative Importance of Pregnancy Challenges Surrogacy Contracts.Anca Gheaus - 2016 - Analize. Journal of Gender and Feminist Studies 6 (20):20-31.
    Birth mothers usually have a moral right to parent their newborns in virtue of a mutual attachment formed, during gestation, between the gestational mother and the fetus. The attachment is formed, in part, thanks to the burdens of pregnancy, and it serves the interest of the newborn; the gestational mother, too, has a powerful interest in the protection of this attachment. Given its justification, the right to parent one's gestated baby cannot be transferred at will to (...)
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  8.  28
    Right to Be Punished?Adriana Placani & Stearns Broadhead - 2020 - European Journal of Analytic Philosophy 16 (1):53-74.
    It appears at least intuitively appropriate to claim that we owe it to victims to punish those who have wronged them. It also seems plausible to state that we owe it to society to punish those who have violated its norms. However, do we also owe punishment to perpetrators themselves? In other words, do those who commit crimes have a moral right to be punished? This work examines the sustainability of the right to be punished from the standpoint (...)
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  9. 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, (...)
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  10. Foundation for a Natural Right to Health Care.Jason T. Eberl, Eleanor K. Kinney & Matthew J. Williams - 2011 - Journal of Medicine and Philosophy 36 (6):537-557.
    Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies designed (...)
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  11. Immigration, Global Poverty and the Right to Stay.Kieran Oberman - 2011 - Political Studies 59 (2):253-268.
    This article questions the use of immigration as a tool to counter global poverty. It argues that poor people have a human right to stay in their home state, which entitles them to receive development assistance without the necessity of migrating abroad. The article thus rejects a popular view in the philosophical literature on immigration which holds that rich states are free to choose between assisting poor people in their home states and admitting them as immigrants when fulfilling duties (...)
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  12. Biological Parenthood: Gestational, Not Genetic.Anca Gheaus - 2018 - Australasian Journal of Philosophy 96 (2):225-240.
    Common sense morality and legislations around the world ascribe normative relevance to biological connections between parents and children. Procreators who meet a modest standard of parental competence are believed to have a right to rear the children they brought into the world. I explore various attempts to justify this belief and find most of these attempts lacking. I distinguish between two kinds of biological connections between parents and children: the genetic link and the gestational link. I argue that the (...)
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  13. 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, or (...)
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  14.  43
    Why a Right to Life Rules Out Infanticide: A Final Reply to Räsänen.Bruce P. Blackshaw & Daniel Rodger - 2019 - Bioethics 33 (8):965-967.
    Joona Räsänen has argued that pro‐life arguments against the permissibility of infanticide are not persuasive, and fail to show it to be immoral. We responded to Räsänen’s arguments, concluding that his critique of pro‐life arguments was misplaced. Räsänen has recently replied in ‘Why pro‐life arguments still are not convincing: A reply to my critics’, providing some additional arguments as to why he does not find pro‐life arguments against infanticide convincing. Here, we respond briefly to Räsänen’s critique of the substance view, (...)
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  15. Right to Roam or Licence to Trespass?J. C. Lester - 2016 - In Arguments for Liberty: a Libertarian Miscellany. pp. 77-82.
    Under no circumstances should the absurd "right to roam‟ be incorporated into the legislation of this country. In reality, it is clearly a mere licence to trespass. Armed with the appropriate economic and philosophical arguments, we should eventually be able to offer an effective counter-attack with a movement for the "right to own‟ privately every last one of the state-controlled commons, heaths, hills, mountains, downs, woodlands, rivers, beaches, and footpaths. As a result, there will be no imposition on (...)
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  16. No Last Resort: Pitting the Right to Die Against the Right to Medical Self-Determination.Michael Cholbi - 2015 - The Journal of Ethics 19 (2):143-157.
    Many participants in debates about the morality of assisted dying maintain that individuals may only turn to assisted dying as a ‘last resort’, i.e., that a patient ought to be eligible for assisted dying only after she has exhausted certain treatment or care options. Here I argue that this last resort condition is unjustified, that it is in fact wrong to require patients to exhaust a prescribed slate of treatment or care options before being eligible for assisted dying. The last (...)
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  17.  80
    Global Obligations and the Human Right to Health.Bill Wringe - forthcoming - In Tracy Isaacs, Kendy Hess & Violetta Igneski (eds.), Collective Obligation: Ethics, Ontology and Applications.
    In this paper I attempt to show how an appeal to a particular kind of collective obligation - a collective obligation falling on an unstructured collective consisting of the world’s population as a whole – can be used to undermine recently influential objections to the idea that there is a human right to health which have been put forward by Gopal Sreenivasan and Onora O’Neill. -/- I take this result to be significant both for its own sake and because (...)
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  18.  78
    Too Liberal for Global Governance? International Legal Human Rights System and Indigenous Peoples’ Right to Self-Determination.Ranjoo Seodu Herr - 2017 - Journal of International Political Theory 13 (2):196-214.
    This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic (...)
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  19. The Right to Informed Consent from Georg Jellinek' Status Theory.Noelia Martinez-Doallo - 2016 - Ius Et Scientia 1 (3):206-216.
    Jellinek has defined “status” as the relationship between the State and the individual that qualifies to the last one. His theory distinguishes four types: passive or subiectionis, negative or libertatis, positive or civitatis and active or status of active citizenship. Besides controversies about its validity, it is aimed here to relate Jellinek’s contribution to the conception of informed consent developed by the Spanish Constitutional Court, as a duty to refrain for healthcare professionals (STC 37/2001, among others), i.e., a denial of (...)
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  20. Is There a Right to the Death of the Foetus?Eric Mathison & Jeremy Davis - 2017 - Bioethics 31 (4):313-320.
    At some point in the future – perhaps within the next few decades – it will be possible for foetuses to develop completely outside the womb. Ectogenesis, as this technology is called, raises substantial issues for the abortion debate. One such issue is that it will become possible for a woman to have an abortion, in the sense of having the foetus removed from her body, but for the foetus to be kept alive. We argue that while there is a (...)
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  21.  38
    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 child; (...)
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  22. Negatywna wolność religijna i przekonania sekularystyczne w świetle sprawy Lautsi przeciwko Włochom [Negative Religious Freedom and Secular Thought in the Light of the Case of Lautsi v. Italy].Marek Piechowiak - 2011 - Przegląd Sejmowy 19 (5 (106)):37-68.
    The article provides an analysis of the European Court of Human Rights judgments in the case of Lautsi v. Italy (application no. 30814/06), also known as the Italian crucifix case. The applicant claimed that displaying crucifixes in the Italian State-school classrooms attended by her children was contrary to the principle of secularism, by which she wished to bring up her children, and therefore infringed her right to ensure their education and teaching in conformity with her religious and philosophical convictions, (...)
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  23.  63
    Response to Umbers: An Instability of the Duty and Right to Vote.Ten-Herng Lai - 2020 - Res Publica 26 (2):275-280.
    Lachlan Umbers defends democracy against Jason’s Brennan’s competence objection, by showing that voting even incompetently does not violate the rights of others, as the risk imposed is negligible, and furthermore lower than other permissible actions, e.g. driving. I show there are costs in taking this line of argument. Accepting it would make arguing for the duty to vote more difficult in two ways: since voting incompetently is permissible, and not voting imposes less risk than not voting, then not voting is (...)
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  24.  32
    Hayek Versus Trump: The Radical Right’s Road to Serfdom.Aris Trantidis & Nick Cowen - 2020 - Polity 52 (2):159-188.
    Hayek’s The Road to Serfdom has been interpreted as a general warning against state intervention in the economy.1 We review this argument in conjunction with Hayek’s later work and discern an institutional thesis about which forms of state intervention and economic institutions could threaten personal and political freedom. Economic institutions pose a threat if they allow for coercive interventions, as described by Hayek in The Constitution of Liberty: by giving someone the power to force others to serve one’s will by (...)
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  25.  66
    The Right to Life : Rethinking Universalism in Bioethics.Mary C. Rawlinson - 2010 - In Jackie Leach Scully, Laurel Baldwin-Ragaven & Petya Fitzpatrick (eds.), Feminist Bioethics: At the Center, on the Margins. Baltimore: Johns Hopkins University Press. pp. 107-129.
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  26. Social Ecology and the Right to the City.Federico Venturini, Emet Değirmenci & Inés Morales (eds.) - 2019 - Montreal, Canada: Black Rose Books.
    Cities today are increasingly at the forefront of the environmental and social crisis—they are simultaneously a major cause and a potential solution. Across the world, a new wave of urban social movements is rising to fight against corporate control, social exclusion, hostile immigration policies, gender oppression, and ecological devastation. These movements are building economic, social, and political alternatives based on solidarity, equality, and participation. This anthology develops the debates that began at the recent Transnational Institute of Social Ecology’s (TRISE) conference (...)
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  27. Crimes Against Minds: On Mental Manipulations, Harms and a Human Right to Mental Self-Determination. [REVIEW]Jan Christoph Bublitz & Reinhard Merkel - 2014 - Criminal Law and Philosophy 8 (1):51-77.
    The neurosciences not only challenge assumptions about the mind’s place in the natural world but also urge us to reconsider its role in the normative world. Based on mind-brain dualism, the law affords only one-sided protection: it systematically protects bodies and brains, but only fragmentarily minds and mental states. The fundamental question, in what ways people may legitimately change mental states of others, is largely unexplored in legal thinking. With novel technologies to both intervene into minds and detect mental activity, (...)
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  28.  74
    The Health Impact Fund and the Right to Participate in the Advancement of Science.Cristian Timmermann - 2012 - European Journal of Applied Ethics 1 (1).
    Taking into consideration the extremely harsh public health conditions faced by the majority of the world population, the Health Impact Fund (HIF) proposal seeks to make the intellectual property regimes more in line with human rights obligations. While prioritizing access to medicines and research on neglected diseases, the HIF makes many compromises in order to be conceived as politically feasible and to retain a compensation character that makes its implementation justified solely on basis of negative duties. Despite that current global (...)
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  29. A Feminist, Kantian Conception of the Right to Bodily Integrity: The Cases of Abortion and Homosexuality.Helga Varden - 2012 - In Sharon Crasnow & Anita Superson (eds.), Out of the Shadows: Analytical Feminist Contributions to Traditional Philosophy. Oxford University Press.
    Pregnant women and persons engaging in homosexual practices compose two groups that have been and still are amongst those most severely subjected to coercive restrictions regarding their own bodies. From an historical point of view, it is a recent and rare phenomenon that a woman’s right to abortion and a person’s right to engage in homosexual interactions are recognized. Although most Western liberal states currently do recognize these rights, they are under continuous assault from various political and religious (...)
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  30. Kant and Dependency Relations: Kant on the State’s Right to Redistribute Resources to Protect the Rights of Dependents.Helga Varden - 2006 - Dialogue 45 (2):257-284.
    ABSTRACT: Contrary to much Kant interpretation, this article argues that Kant’s moral philosophy, including his account of charity, is irrelevant to justifying the state’s right to redistribute material resources to secure the rights of dependents. The article also rejects the popular view that Kant either does not or cannot justify anything remotely similar to the liberal welfare state. A closer look at Kant’s account of dependency relations in “The Doctrine of Right” reveals an argumentative structure sufficient for a (...)
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  31. Transgender Children and the Right to Transition: Medical Ethics When Parents Mean Well but Cause Harm.Maura Priest - 2019 - American Journal of Bioethics 19 (2):45-59.
    Published in the American Journal of Bioethics.
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  32. The Foundation of the Child's Right to an Open Future.Joseph Millum - 2014 - Journal of Social Philosophy 45 (4):522-538.
    It is common to cite the child’s “right to an open future” in discussions of how parents and the state may and should treat children. However, the right to an open future can only be useful in these discussions if we have some method for deriving the content of the right. In the paper in which he introduces the right to an open future Joel Feinberg seems to provide such a method: he derives the right (...)
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  33. On a Supposed Right to Lie From Philanthropy.Helga Varden - forthcoming - In Julian Wuerth (ed.), The Cambridge Kant Lexicon.
    Lexicon entry on Kant's Essay "On a Supposed Right to Lie from Philanthropy.".
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  34.  54
    Is There a Right to Be Forgiven?Luke Maring - 2020 - Philosophia (3):1-15.
    Imagine a case of wrongdoing—not something trivial, but nothing so serious that adequate reparations are impossible. Imagine, further, that the wrongdoer makes those reparations and sincerely apologizes. Does she have a moral right to be forgiven? The standard view is that she does not, but this paper contends that the standard view is mistaken. It begins by showing that the arguments against a right to be forgiven are inconclusive. It ends by making two arguments in defense of that (...)
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  35. Locke and the Right to (Acquire) Property: A Lockean Argument for the Rawlsian Difference Principle.Richard Oxenberg - 2010 - Social Philosophy Today 26:55-66.
    The purpose of my paper is to show the derivation of what is sometimes called the ‘new liberalism’ (or ‘progressive liberalism’) from the basic principles of classical liberalism, through a reading of John Locke’s treatment of the right to property in his Second Treatise of Government. Locke’s work sharply distinguishes between the natural right to property in the ‘state of nature’ and the societal right to property as established in a socio-economic political system. Whereas the former does (...)
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  36. Open Borders and the Right to Immigration.Peter Higgins - 2008 - Human Rights Review 9 (4):525-535.
    This paper argues that the relevant unit of analysis for assessing the justice of an immigration policy is the socially-situated individual (as opposed to the individual simpliciter or the nation-state, for example). This methodological principle is demonstrated indirectly by showing how some liberal, cosmopolitan defenses of "open borders" and the alleged right of immigration fail by their own standards, owing to the implicit adoption of an inappropriate unit of analysis.
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  37. There is No Right to the Death of the Fetus.Perry Hendricks - 2018 - Bioethics (6):1-3.
    Joona Räsänen, in his article ‘Ectogenesis, abortion and a right to the death of the fetus’, has argued for the view that parents have a right to the death of the fetus. In this article, I will explicate the three arguments Räsänen defends, and show that two of them have false or unmotivated premises and hence fail, and that the support he offers for his third argument is inconsistent with other views he expresses in his article. Therefore, I (...)
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  38. The Right to Ignore: An Epistemic Defense of the Nature/Culture Divide.Maria Kronfeldner - 2017 - In Richard Joyce (ed.), Handbook of Evolution and Philosophy. Routledge. pp. 210-224.
    This paper addresses whether the often-bemoaned loss of unity of knowledge about humans, which results from the disciplinary fragmentation of science, is something to be overcome. The fragmentation of being human rests on a couple of distinctions, such as the nature-culture divide. Since antiquity the distinction between nature (roughly, what we inherit biologically) and culture (roughly, what is acquired by social interaction) has been a commonplace in science and society. Recently, the nature/culture divide has come under attack in various ways, (...)
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  39. On the Militarization of Borders and the Juridical Right to Exclude.Grant J. Silva - 2015 - Public Affairs Quarterly 29 (2):217-234.
    This work explores the increasing militarization of borders throughout the world, particularly the United States border with Mexico. Rather than further rhetoric of "border security," this work views increases in guards, technology and the building of walls as militarized action. The goal of this essay is to place the onus upon states to justify their actions at borders in ways that do not appeal to tropes of terrorism. This work then explores how a logic of security infiltrates philosophical discussions of (...)
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  40. 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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  41. Is There a Right to Surrogacy?Christine Straehle - 2015 - Journal of Applied Philosophy 32 (3):n/a-n/a.
    Access to surrogacy is often cast in the language of rights. Here, I examine what form such a right could take. I distinguish between surrogacy as a right to assisted procreation, and surrogacy as a contractual right. I find the first interpretation implausible: it would give rise to claims against the state that no state can fulfil, namely the provision of sufficient surrogates to satisfy the need. Instead, I argue that the right to surrogacy can only (...)
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  42.  50
    Entry by Birth Alone?: Rawlsian Egalitarianism and the Basic Right to Invite.Matthew Lindauer - forthcoming - Social Theory and Practice.
    This paper argues that citizens have a basic right to invite family members and spouses into their society on the basis of Rawlsian egalitarian premises. This right is argued to be just as basic as other recognized basic rights, such as freedom of speech. The argument suggests further that we must treat immigration and family reunification, in particular, as central issues of domestic justice. The paper also examines the implications of these points for the importance of immigration in (...)
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  43.  99
    The Right to Exclude Immigrants Does Not Imply the Right to Exclude Newcomers by Birth.Thomas Carnes - 2018 - Journal of Ethics and Social Philosophy 14 (1).
    A recent challenge to statist arguments defending the right of states to exclude prospective immigrants maintains that such statist arguments prove too much. Specifically, the challenge argues that statist arguments, insofar as they are correct, entail that states may permissibily exclude current members' newcomers by birth, which seems to violate a widely held intuition that members' newcomers by birth ought automatically to be granted membership rights. The basic claim is that statist arguments cannot account for the differntial treatment between (...)
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  44. Natural Right to Grow and Die in the Form of Wholeness: A Philosophical Interpretation of the Ontological Status of Brain-Dead Children.Masahiro Morioka - 2010 - Diogenes 57 (3):103-116.
    In this paper, I would like to argue that brain-dead small children have a natural right not to be invaded by other people even if their organs can save the lives of other suffering patients. My basic idea is that growing human beings have the right to grow in the form of wholeness, and dying human beings also have the right to die in the form of wholeness; in other words, they have the right to be (...)
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  45. The Right to Know the Identities of Genetic Parents.Madeline Kilty - 2013 - Australian Journal of Adoption 7 (2).
    While in this paper I focus on adoptees, my argument is applicable to donor-conceived children and children of misattributed paternity. I address some of the noted risks of closed adopted and the benefits of open adoption, which is more in keeping with Article 7 of the United Nations Convention on the Rights of the Child (CRC), which provides all children with a right to know about their genetic parents and which the Australian government ratified in 1980.
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  46. Is There a Liberal Right to Secede From a Liberal State?Matthew J. Webb - 2006 - TRAMES 10 (4):371-386.
    This paper explores the question of whether there can be a right to secede from a liberal state by examining the concept of a liberal state and the different forms of liberalism that may be appealed to in order to justify secession. It argues that where the foundations of the state’s legitimacy are conceived in terms of a non-derivative right to self-determination, then secession from a liberal state may be a justified form of action for different types of (...)
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  47.  92
    The Moral Harm of Migrant Carework: Realizing a Global Right to Care.Eva Feder Kittay - 2009 - Philosophical Topics 37 (2):53-73.
    Arlie Hochschild glosses the practice of women migrants in poor nations who leave their families behind for extended periods of time to do carework in other wealthier countries as a “global heart transplant” from poor to wealthy nations. Thus she signals the idea of an injustice between nations and a moral harm for the individuals in the practice. Yet the nature of the harm needs a clear articulation. When we posit a sufficiently nuanced “right to care,” we locate the (...)
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  48. Clones, Prototypes and the Right to Uniqueness.Evangelos D. Protopapadakis - 20014 - Agrafa 1 (2):40-47.
    Human cloning until recently has been considered to belong to the domain of science fiction; now it is a tangible possibility, a hopeful as well as a fearsome one. One of the fears that necessarily come along with it is about the peril cloning might represent for human uniqueness, since the clones are expected to be identical to their prototypes; this would unavoidably compromise moral agents’ right to a unique identity. In this paper I will put under examination the (...)
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  49. John Locke and the Right to Bear Arms.Mark Tunick - 2014 - History of Political Thought 35 (1):50-69.
    Recent legal opinions and scholarly works invoke the political philosophy of John Locke, and his claim that there is a natural right of self-defense, to support the view that the 2nd Amendment’s right to bear arms is so fundamental that no state may disarm the people. I challenge this use of Locke. For Locke, we have a right of self-defense in a state of nature. But once we join society we no longer may take whatever measures that (...)
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  50. On Renzo’s Attempt to Ground State Legitimacy in a Right to Self-Defense.Uwe Steinhoff - manuscript
    Massimo Renzo has recently offered a theory of legitimacy that attempts to ground the state’s right to rule on the assumption that people in the state of nature pose an unjust threat to each other and can therefore, in self-defense, be forced to enter the state, that is, to become subject to its authority. I argue that depending on how “unjust threat” is interpreted in Renzo’s self-defense argument for the authority of the state, either his premise that “those who (...)
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