Results for 'rights'

1000+ found
Order:
  1. Algorithmic decision-making: the right to explanation and the significance of stakes.Lauritz Munch, Jens Christian Bjerring & Jakob Mainz - forthcoming - Big Data and Society.
    The stakes associated with an algorithmic decision are often said to play a role in determining whether the decision engenders a right to an explanation. More specifically, “high stakes” decisions are often said to engender such a right to explanation whereas “low stakes” or “non-high” stakes decisions do not. While the overall gist of these ideas is clear enough, the details are lacking. In this paper, we aim to provide these details through a detailed investigation of what we will call (...)
    Download  
     
    Export citation  
     
    Bookmark  
  2. Ritual and Rightness in the Analects.Hagop Sarkissian - 2013 - In Amy Olberding (ed.), Dao Companion to the Analects. pp. 95-116.
    Li (禮) and yi (義) are two central moral concepts in the Analects. Li has a broad semantic range, referring to formal ceremonial rituals on the one hand, and basic rules of personal decorum on the other. What is similar across the range of referents is that the li comprise strictures of correct behavior. The li are a distinguishing characteristic of Confucian approaches to ethics and socio-political thought, a set of rules and protocols that were thought to constitute the wise (...)
    Download  
     
    Export citation  
     
    Bookmark   12 citations  
  3. Moral Right to Healthcare and COVID-19 Challenges.Napoleon Mabaquiao & Mark Anthony Dacela - 2022 - Asia-Pacific Social Science Review 22 (1):78-91.
    One fundamental healthcare issue brought to the fore by the current COVID-19 pandemic concerns the scope and nature of the right to healthcare. Given our increasing need for the usually limited healthcare resources, to what extent can we demand provision of these resources as a matter of right? One philosophical way of handling this issue is to clarify the nature of this right. Using the challenges of COVID-19 in the Philippines as the context of analysis, we argue for the view (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  4.  46
    Human rights: religious freedom and the anti-racist fight in the Latin American Black Diaspora.Alex Pereira De Araújo - 2023 - Sanwad Tradeprints, Pune, India: Bhishma Prakashan. Edited by Yashwant Pathak & A. Adityanjee.
    This chapter is devoted to the discussion of religious freedom and the anti-racist fight in the Black Diaspora in Latin America, considering the historical processes that involve such discussion, including legal apparatus such as Human Rights and local legislation. Therefore, as a starting point, we take the historical conditions of the emergence of Candomblé in Brazil, that are linked to the trafficking of enslaved African peoples and their resistance to keep alive in their memories, their religious beliefs and their (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  5. The Right in the Good: A Defense of Teleological Non-Consequentialism in Epistemology.Clayton Littlejohn - 2018 - In Jeff Dunn & Kristoffer Ahlstrom-Vij (eds.), Epistemic Consequentialism. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   10 citations  
  6. Animal Rights and Human Obligations.Tom Regan & Peter Singer (eds.) - 1989 - Cambridge University Press.
    Collection of historical, theoretical and applied articles on the ethical considerations in the treatment of animals by human beings.
    Download  
     
    Export citation  
     
    Bookmark   53 citations  
  7. Animal Rights or just Human Wrongs?Evangelos D. Protopapadakis - 2012 - In Animal Rights: Past and Present Perspectives. Berlin: Logos Verlag. pp. 279-291.
    Reportedly ever since Pythagoras, but possibly much earlier, humans have been concerned about the way non human animals (henceforward “animals” for convenience) should be treated. By late antiquity all main traditions with regard to this issue had already been established and consolidated, and were only slightly modified during the centuries that followed. Until the nineteenth century philosophers tended to focus primarily on the ontological status of animals, to wit on whether – and to what degree – animals are actually rational (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  8. Cosmopolitan right, indigenous peoples, and the risks of cultural interaction.Timothy Waligore - 2009 - Public Reason 1 (1):27-56.
    Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises that upset (...)
    Download  
     
    Export citation  
     
    Bookmark   10 citations  
  9. Right in some respects: reasons as evidence.Daniel Whiting - 2018 - Philosophical Studies 175 (9):2191-2208.
    What is a normative reason for acting? In this paper, I introduce and defend a novel answer to this question. The starting-point is the view that reasons are right-makers. By exploring difficulties facing it, I arrive at an alternative, according to which reasons are evidence of respects in which it is right to perform an act, for example, that it keeps a promise. This is similar to the proposal that reasons for a person to act are evidence that she ought (...)
    Download  
     
    Export citation  
     
    Bookmark   24 citations  
  10. Rights and consent in mixed martial arts.Stephen Kershnar & Robert Kelly - 2019 - Journal of the Philosophy of Sport 47 (1):105-120.
    MMA fighting in a competition is not necessarily wrong and is often, as far as we can tell, permissible. Our argument has two premises. First, if an act does not infringe on anyone’s moral right or violate another side-constraint, then it is morally permissible. Second, MMA-violence does not infringe on anyone’s moral right or violate another side-constraint. The first premise rested on two assumptions. First, if a person does a wrong act, then he wrongs someone. Second, if one person wrongs (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  11. A Right to Work and Fair Conditions of Employment.Kory Schaff - 2017 - In Fair Work: Ethics, Social Policy, Globalization. London: Rowman and Littlefield, Intl.. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  12. Human Rights as Fundamental Conditions for a Good Life.S. Matthew Liao - 2015 - In The Right to Be Loved. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   23 citations  
  13.  68
    Nonaccidental Rightness and the Guise of the Objectively Good.Samuel J. M. Kahn - forthcoming - Journal of Early Modern Studies:Vol. 13, Issue 2, 2024.
    My goal in this paper is to show that two theses that are widely adopted among Kantian ethicists are irreconcilable. The paper is divided into four sections. In the first, I briefly sketch the contours of my own positive view of Kantian ethics, concentrating on the issues relevant to the two theses to be discussed: I argue that agents can perform actions from but not in conformity with duty, and I argue that agents intentionally can perform actions they take to (...)
    Download  
     
    Export citation  
     
    Bookmark  
  14. The Rights of Foreign Intelligence Targets.Michael Skerker - 2021 - In Seumas Miller, Mitt Regan & Patrick Walsh (eds.), National Security Intelligence and Ethics. London: Routledge. pp. 89-106.
    I develop a contractualist theory of just intelligence collection based on the collective moral responsibility to deliver security to a community and use the theory to justify certain kinds of signals interception. I also consider the rights of various intelligence targets like intelligence officers, service personnel, government employees, militants, and family members of all of these groups in order to consider how targets' waivers or forfeitures might create the moral space for just surveillance. Even people who are not doing (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  15. The Right to Withdraw from Research.G. Owen Schaefer & Alan Wertheimer - 2010 - Kennedy Institute of Ethics Journal 20 (4):329-352.
    The right to withdraw from participation in research is recognized in virtually all national and international guidelines for research on human subjects. It is therefore surprising that there has been little justification for that right in the literature. We argue that the right to withdraw should protect research participants from information imbalance, inability to hedge, inherent uncertainty, and untoward bodily invasion, and it serves to bolster public trust in the research enterprise. Although this argument is not radical, it provides a (...)
    Download  
     
    Export citation  
     
    Bookmark   11 citations  
  16. Human Rights – A Perspective from Sikhism.Devinder Pal Singh - 2023 - In Yashwant Pathak & Adit Adityanjee (eds.), Human Rights, Religious Freedom and Spirituality: Perspectives from the Dharmic and Indigenous Cultures. Pune, India: Bhishma Prakashan. pp. 172-191.
    Sikhism is the world's fifth-largest religion. It was founded during the late 15th century in the Punjab region of the Indian subcontinent. Its adherents are known as Sikhs. Currently, there are about 30 million Sikhs worldwide. Most of them live in the Indian state of Punjab. As per Sikh tradition, Sikhism was established by Guru Nanak (1469–1539) and subsequently led by a succession of nine other Gurus. Before his death, the tenth Sikh Guru, Guru Gobind Singh (1666–1708), bestowed the status (...)
    Download  
     
    Export citation  
     
    Bookmark  
  17. Parents’ Rights, Children’s Religion: A Familial Relationship Goods Approach.Adam Swift - 2020 - Journal of Practical Ethics 8 (2):30-65.
    The article presents a theory of the basis and nature of parents’ rights that appeals to the goods distinctively produced by intimate-but-authoritative relationships between adults and the children they parent. It explores the implications of that theory for questions about parents’ rights to raise their children as members of a religion, with particular attention to the issue of religious schooling. Even if not obstructing the development of their children’s capacity for autonomy, parents exceed the bounds of their legitimate (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  18. Animal Rights: A Non‐Consequentialist Approach.Uriah Kriegel - 2013 - In K. Petrus & M. Wild (eds.), Animal Minds and Animal Ethics. Transcript.
    It is a curious fact about mainstream discussions of animal rights that they are dominated by consequentialist defenses thereof, when consequentialism in general has been on the wane in other areas of moral philosophy. In this paper, I describe an alternative, non‐consequentialist ethical framework and argue that it grants animals more expansive rights than consequentialist proponents of animal rights typically grant. The cornerstone of this non‐consequentialist framework is the thought that the virtuous agent is s/he who has (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  19. Rights, Harming and Wronging: A Restatement of the Interest Theory.Visa A. J. Kurki - 2018 - Oxford Journal of Legal Studies (3):430-450.
    This article introduces a new formulation of the interest theory of rights. The focus is on ‘Bentham’s test’, which was devised by Matthew Kramer to limit the expansiveness of the interest theory. According to the test, a party holds a right correlative to a duty only if that party stands to undergo a development that is typically detrimental if the duty is breached. The article shows how the entire interest theory can be reformulated in terms of the test. The (...)
    Download  
     
    Export citation  
     
    Bookmark   9 citations  
  20. Sexual Rights and Disability.Ezio Di Nucci - 2011 - Journal of Medical Ethics 37 (3):158-161.
    I argue against Appel's recent proposal – in this JOURNAL – that there is a fundamental human right to sexual pleasure, and that therefore the sexual pleasure of severely disabled people should be publicly funded – by thereby partially legalizing prostitution. I propose an alternative that does not need to pose a new positive human right; does not need public funding; does not need the legalization of prostitution; and that would offer a better experience to the severely disabled: charitable non-profit (...)
    Download  
     
    Export citation  
     
    Bookmark   20 citations  
  21. 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.
    Download  
     
    Export citation  
     
    Bookmark   10 citations  
  22. The right way to play a game.C. Thi Nguyen - 2019 - Game Studies 19 (1).
    Is there a right or wrong way to play a game? Many think not. Some have argued that, when we insist that players obey the rules of a game, we give too much weight to the author’s intent. Others have argued that such obedience to the rules violates the true purpose of games, which is fostering free and creative play. Both of these responses, I argue, misunderstand the nature of games and their rules. The rules do not tell us how (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  23. Immigration as a human right.Kieran Oberman - 2016 - In Sarah Fine & Lea Ypi (eds.), Migration in Political Theory: The Ethics of Movement and Membership. Oxford: Oxford University Press. pp. 32-56.
    This chapter argues that people have a human right to immigrate to other states. People have essential interests in being able to make important personal decisions and engage in politics without state restrictions on the options available to them. It is these interests that other human rights, such as the human rights to internal freedom of movement, expression and association, protect. The human right to immigrate is not absolute. Like other human freedom rights , it can be (...)
    Download  
     
    Export citation  
     
    Bookmark   42 citations  
  24. Subjective rightness.Holly M. Smith - 2010 - Social Philosophy and Policy 27 (2):64-110.
    Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of (i) what is best for an agent to do in light of the actual circumstances in which she acts and (ii) what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent who (...)
    Download  
     
    Export citation  
     
    Bookmark   38 citations  
  25. Confucian Rights as a "Fallback Apparatus” 作为“备用机制”的儒家权利.Justin Tiwald - 2013 - Academic Monthly 学术月刊 45 (11):41-49.
    Liang Tao and Kuang Zhao, trans. Confucian rights can be characterized as a kind of “fallback apparatus,” necessary only when preferred mechanisms—for example, familial and neighborly care or traditional courtesies—would otherwise fail to protect basic human interests. In this paper, I argue that the very existence of such rights is contingent on their ability to function as remedies for dysfunctional social relationships or failures to develop the virtues that sustain harmonious Confucian relationships. Moreover, these remedies are not, strictly (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  26. Human Rights and Political Toleration in India: Multiplicity, Self, and Interconnectedness.Ashwani Kumar Peetush - 2015 - In Ashwani Peetush & Jay Drydyk (eds.), Human Rights: India and the West. New Delhi, Delhi, India: pp. 205-228.
    I would argue that toleration is one of the cornerstones for a just social order in any pluralistic society. Yet, the ideal of toleration is usually thought to originate from within, and most often justified from a European historical and philosophical context. It is thought to be a response to societal conflict and the Wars of Religion in the West, which is then exported to the rest of the world, by colonialism (ironically), or globalization. The West, once again, calls upon (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  27. 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 light of the Kantian (...)
    Download  
     
    Export citation  
     
    Bookmark  
  28. Robot rights in joint action.Guido Löhr - 2022 - In Vincent C. Müller (ed.), Philosophy and Theory of Artificial Intelligence 2021. Berlin, Germany:
    The claim I want to explore in this paper is simple. In social ontology, Margaret Gilbert, Abe Roth, Michael Bratman, Antonie Meijers, Facundo Alonso and others talk about rights or entitlements against other participants in joint action. I employ several intuition pumps to argue that we have reason to assume that such entitlements or rights can be ascribed even to non-sentient robots that we collaborate with. Importantly, such entitlements are primarily identified in terms of our normative discourse. Justified (...)
    Download  
     
    Export citation  
     
    Bookmark  
  29. The Right Wrong‐Makers.Richard Yetter Chappell - 2020 - Philosophy and Phenomenological Research 103 (2):426-440.
    Right- and wrong-making features ("moral grounds") are widely believed to play important normative roles, e.g. in morally apt or virtuous motivation. This paper argues that moral grounds have been systematically misidentified. Canonical statements of our moral theories tend to summarize, rather than directly state, the full range of moral grounds posited by the theory. Further work is required to "unpack" a theory's criterion of rightness and identify the features that are of ground-level moral significance. As a result, it is not (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  30. The right and the wrong kind of reasons.Jan Gertken & Benjamin Kiesewetter - 2017 - Philosophy Compass 12 (5):e12412.
    In a number of recent philosophical debates, it has become common to distinguish between two kinds of normative reasons, often called the right kind of reasons (henceforth: RKR) and the wrong kind of reasons (henceforth: WKR). The distinction was first introduced in discussions of the so-called buck-passing account of value, which aims to analyze value properties in terms of reasons for pro-attitudes and has been argued to face the wrong kind of reasons problem. But nowadays it also gets applied in (...)
    Download  
     
    Export citation  
     
    Bookmark   57 citations  
  31. 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, (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  32. Ethics, Rights, and White's Antitrust Skepticism.Ryan Long - 2016 - The Antitrust Bulletin 61 (2):336-341.
    Mark White has developed a provocative skepticism about antitrust law. I first argue against three claims that are essential to his argument: the state may legitimately constrain or punish only conduct that violates someone’s rights, the market’s purpose is coordinating and maximizing individual autonomy, and property rights should be completely insulated from democratic deliberation. I then sketch a case that persons might have a right to a competitive market. If so, antitrust law does deal with conduct that violates (...)
    Download  
     
    Export citation  
     
    Bookmark  
  33. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  34. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   14 citations  
  35. Why a right to explanation of automated decision-making does not exist in the General Data Protection Regulation.Sandra Wachter, Brent Mittelstadt & Luciano Floridi - 2017 - International Data Privacy Law 1 (2):76-99.
    Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that the GDPR will legally mandate a ‘right to explanation’ of all decisions made by automated or artificially intelligent algorithmic systems. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a right. In contrast to the (...)
    Download  
     
    Export citation  
     
    Bookmark   62 citations  
  36. Language Rights as Collective Rights: Some Conceptual Considerations on Language Rights.Manuel Toscano - 2012 - Res Publica. Murcia 27:109-118.
    Stephen May (2011) holds that language rights have been insufficiently recognized, or just rejected as problematic, in human rights theory and practice. Defending the “human rights approach to language rights”, he claims that language rights should be accorded the status of fundamental human rights, recognized as such by states and international organizations. This article argues that the notion of language rights is far from clear. According to May, one key reason for rejecting the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  37. Voting Rights for Older Children and Civic Education.Michael Merry & Anders Schinkel - 2016 - Public Affairs Quarterly 30 (3):197-213.
    The issue of voting rights for older children has been high on the political and philosophical agenda for quite some time now, and not without reason. Aside from principled moral and philosophical reasons why it is an important matter, many economic, environmental, and political issues are currently being decided—sometimes through indecision—that greatly impact the future of today’s children. Past and current generations of adults have, arguably, mortgaged their children’s future, and this makes the question whether (some) children should be (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  38. Human Rights, Human Dignity, and Power.Pablo Gilabert - 2015 - In Rowan Cruft, Matthew Liao & Massimo Renzo (eds.), Philosophical Foundations of Human Rights. Oxford University Press. pp. 196-213.
    This paper explores the connections between human rights, human dignity, and power. The idea of human dignity is omnipresent in human rights discourse, but its meaning and point is not always clear. It is standardly used in two ways, to refer to a normative status of persons that makes their treatment in terms of human rights a proper response, and a social condition of persons in which their human rights are fulfilled. This paper pursues three tasks. (...)
    Download  
     
    Export citation  
     
    Bookmark   11 citations  
  39. Neuro rights, the new human rights.Deepa Kansra - 2021 - Rights Compass.
    The human mind has been a subject matter of study in psychology, law, science, philosophy and other disciplines. By definition, its potential is power, abilities and capacities including perception, knowledge, sensation, memory, belief, imagination, emotion, mood, appetite, intention, and action (Pardo, Patterson). In terms of role, it creates and shapes societal morality, culture, peace and democracy. Today, a rapidly advancing science–technology–artificial intelligence (AI) landscape is able to reach into the inner realms of the human mind. Technology, particularly neurotechnology enables access (...)
    Download  
     
    Export citation  
     
    Bookmark  
  40. Rights, Liability, and the Moral Equality of Combatants.Uwe Steinhoff - 2012 - The Journal of Ethics 16 (4):339-366.
    According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...)
    Download  
     
    Export citation  
     
    Bookmark   20 citations  
  41. Human Rights in Chinese Thought: A Cross-Cultural Inquiry.Stephen C. Angle - 2002 - Cambridge University Press.
    What should we make of claims by members of other groups to have moralities different from our own? Human Rights in Chinese Thought gives an extended answer to this question in the first study of its kind. It integrates a full account of the development of Chinese rights discourse - reaching back to important, though neglected, origins of that discourse in 17th and 18th century Confucianism - with philosophical consideration of how various communities should respond to contemporary Chinese (...)
    Download  
     
    Export citation  
     
    Bookmark   21 citations  
  42. 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 legitimate landowners (...)
    Download  
     
    Export citation  
     
    Bookmark  
  43. Moral rights to life, both natural and non-natural: reflections on James Griffin's account of human rights.Hugh V. McLachlan - 2010 - Diametros 26:58-76.
    Rather than to focus upon a particular ‘right to life’, we should consider what rights there are pertaining to our lives and to our living. There are different sorts. There are, for instance, rights that constitute absences of particular duties and rights that correspond to the duties of other agents or agencies. There are also natural and non-natural rights and duties. Different people in different contexts can have different moral duties and different moral rights including (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  44. The Right to Parent One's Biological Baby.Anca Gheaus - 2011 - Journal of Political Philosophy 20 (4):432-455.
    This paper provides an answer to the question why birth parents have a moral right to keep and raise their biological babies. I start with a critical discussion of the parent-centred model of justifying parents’ rights, recently proposed by Harry Brighouse and Adam Swift. Their account successfully defends a fundamental moral right to parent in general but, because it does not provide an account of how individuals acquire the right to parent a particular baby, it is insufficient for addressing (...)
    Download  
     
    Export citation  
     
    Bookmark   26 citations  
  45. Human Rights: Moral or Political?Adam Etinson - 2018 - Oxford, United Kingdom: Oxford University Press.
    Human rights have a rich life in the world around us. Political rhetoric pays tribute to them, or scorns them. Citizens and activists strive for them. The law enshrines them. And they live inside us too. For many of us, human rights form part of how we understand the world and what must (or must not) be done within it. -/- The ubiquity of human rights raises questions for the philosopher. If we want to understand these (...), where do we look? As a set of moral norms, it is tempting to think they can be grasped strictly from the armchair, say, by appeal to moral intuition. But what, if anything, can that kind of inquiry tell us about the human rights of contemporary politics, law, and civil society — that is, human rights as we ordinarily know them? -/- This volume brings together a distinguished, interdisciplinary group of scholars to address philosophical questions raised by the many facets of human rights: moral, legal, political, and historical. Its original chapters, each accompanied by a critical commentary, explore topics including: the purpose and methods of a philosophical theory of human rights; the "Orthodox-Political" debate; the relevance of history to philosophy; the relationship between human rights morality and law; and the value of political critiques of human rights. (shrink)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  46. Human Rights and the Practice of Cross-referencing in Domestic Courts.Deepa Kansra - 2020 - Kamkus Law Journal 4:117-129.
    Domestic courts are often quoting foreign case law on human rights. The conversation pursued through cross-referencing across jurisdictions has added to the globalization of international human rights standards. As the practice is gaining ground and becoming a more permanent feature of domestic judgments, its relevance needs to be examined. A closer look at the practice will bring forth a more realistic understanding of the approaches of domestic courts and the advantages which they offer to the institution. This paper (...)
    Download  
     
    Export citation  
     
    Bookmark  
  47. Constitutional Rights and Proportionality.Robert Alexy - 2014 - Revus 22:51-65.
    There are two basic views concerning the relationship between constitutional rights and proportionality analysis. The first maintains that there exists a necessary connection between constitutional rights and proportionality, the second argues that the question of whether constitutional rights and proportionality are connected depends on what the framers of the constitution have actually decided, that is, on positive law. The first thesis may be termed ‘necessity thesis’, the second ‘contingency thesis’. According to the necessity thesis, the legitimacy of (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  48. The Rights of Irregular Combatants.Michael Skerker - 2007 - International Journal of Intelligence Ethics 16 (1).
    This article discusses the rights enjoyed by irregular combatants in detention, that is, members of organized groups (who may be fighting an insurgency or engaging in terror attacks) who fail to qualify for POW status. The paradigmatic example of such a detainee would be an al-Qaeda agent.
    Download  
     
    Export citation  
     
    Bookmark  
  49. International Right and Kant's World Federation.Chris Melenovsky - manuscript
    Recent interpretations of Kant’s international political philosophy have argued that the formation of a coercive world-state (Völkerstaat) is morally required. While these interpretations highlight the importance of a strong world government, they ignore Kant’s alternative to a Völkerstaat, a world-federation (Völkerbund). For both theoretical and practical reasons, the Völkerbund plays a crucial role in cosmopolitan right, and Kant can only justifiably reject the formation of the Völkerstaat because of the structure of the Völkerbund. This article explains the constitution and functions (...)
    Download  
     
    Export citation  
     
    Bookmark  
  50. Rights.Duncan Ivison - 2008 - Acumen/Routledge.
    The language of rights pervades modern social and political discourse and yet there is deep disagreement amongst citizens, politicians and philosophers about just what they mean. Who has them? Who should have them? Who can claim them? What are the grounds upon which they can be claimed? How are they related to other important moral and political values such as community, virtue, autonomy, democracy and social justice? In this book, Duncan Ivison offers a unique and accessible integration of, and (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
1 — 50 / 1000