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  1. Irene García Aguilera (2005). Seyla Benhabib: The Rights of Others. Aliens, Residents, and Citizens, Yale University Press, Connecticut, 2004. Foro Interno. Anuario de Teoría Política 5:141-143.
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  2. Guy Aitchison (forthcoming). Rights, Citizenship and Political Struggle. European Journal of Political Theory:1474885115578052.
    This paper adds a new perspective to recent debates about the political nature of rights through attention to their distinctive role within social movement practices of moral critique and social struggle. The paper proceeds through a critical examination of the Political Constitutionalist theories of rights politics proposed by Jeremy Waldron and Richard Bellamy. While political constitutionalists are correct to argue that rights are ‘contestable’ and require democratic justification, they construe political activity almost exclusively with reference to voting, parties and parliamentary (...)
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  3. Siegbert Alber (2009). Fundamental and Human Rights in the European Union. Synthesis Philosophica 23 (2):317-332.
    The author starts with general differentiation between human, fundamental and civil rights. Considering that such distinction in terms isn’t supported in European conventions, he remarks that strict distinction between human, fundamental and civil rights isn’t unconditionally obligatory, and therefore meaningful. That’s why he focuses on common values through his thorough analysis and evaluation of legal standardization of human rights in the European Union: The treaty on European Union, Charter of fundamental rights, other documents and practises of European institutions. Peace, being (...)
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  4. Anita Lafrance Allen (1979). Rights, Children, and Education. Dissertation, University of Michigan
    The right to education can be defended as a right to teaching dependent essential education. Theoretical difficulties faced by attempts to argue for this right include the normative classification of needs. An independent basis for an obligation to educate is identified as a special case of the obligation to render aid. I explain a concept of "essential knowledge," the sense in which education is a need, and the basis of the obligation to educate. ;Finally, it is argued that compulsory essential (...)
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  5. Amy Baehr (2002). Women's Voices, Women's Rights: Oxford Amnesty Lectures 1996 (Review). Hypatia 17 (1):197-200.
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  6. Lawrie Balfour (2013). In Search of the Black Fantastic: Politics and Popular Culture in the Post-Civil Rights Era. Contemporary Political Theory 12 (4):e1.
  7. Linda Barclay (2013). Cognitive Impairment and the Right to Vote: A Strategic Approach. Journal of Applied Philosophy 30 (2):146-159.
    Most democratic countries either limit or deny altogether voting rights for people with cognitive impairments or mental health conditions. Against this weight of legal and practical exclusion, disability advocacy and developments in international human rights law increasingly push in the direction of full voting rights for people with cognitive impairments. Particularly influential has been the adoption by the UN of the Convention on the Rights of Persons with Disabilities in 2007. Article 29 declares that states must ‘ensure that persons with (...)
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  8. Jeremy Bendik-Keymer (2006). Why Can’T Democracies Be Universal?: How Do Democracies Resolve Disagreement Over Citizenship? Social Philosophy Today 22:233-238.
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  9. Anat Biletzki (2013). Online Security: What's in a Name? [REVIEW] Philosophy and Technology 26 (4):397-410.
    This article motions to a real contradiction between online security and civil rights. It traverses semantic and conceptual elaborations of both security and human rights, narrowing their range to national security and human rather than civil rights, and suggests that the concept of security itself, whether online or not, is a rhetorical instrument in the hands of interested parties, mostly states and militaries. This instrument is used to undermine human rights precisely by means of its association and even identification with (...)
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  10. Norman E. Bowie & Karim Jamal (2006). Privacy Rights on the Internet: Self-Regulation or Government Regulation? Business Ethics Quarterly 16 (3):323-342.
    Abstract: Consumer surveys indicate that concerns about privacy are a principal factor discouraging consumers from shopping online. The key public policy issue regarding privacy is whether the US should follow its current self-regulation course (where the FTC encourages websites to obtain private “privacy web-seals”), or whether a European style formal legal regulation approach should be adopted in the US. We conclude that the use of assurance seals has worked reasonably well and websites should be free to decide whether they have (...)
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  11. K. Brownlee (2015). Freedom of Association: It's Not What You Think. Oxford Journal of Legal Studies 35 (2):267-282.
    This article shows that associative freedom is not what we tend to think it is. Contrary to standard liberal thinking, it is neither a general moral permission to choose the society most acceptable to us nor a content-insensitive claim-right akin to the other personal freedoms with which it is usually lumped such as freedom of expression and freedom of religion. It is at most a highly restricted moral permission to associate subject to constraints of consent, necessity and burdensomeness; a conditional (...)
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  12. Joshua Cohen (1993). Freedom of Expression. Philosophy and Public Affairs 22 (3):207-263.
  13. Hugh Corder (2006). Judging Rights in a Democratic South Africa. In J. W. Harris, Timothy Andrew Orville Endicott, Joshua Getzler & Edwin Peel (eds.), Properties of Law: Essays in Honour of Jim Harris. Oxford University Press
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  14. Grace A. de Laguna (1946). Democratic Equality and Individuality. Philosophical Review 55 (2):111-131.
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  15. Shui Che Fok (1997). Political Change in Hong Kong and its Implications for Civic Education. Journal of Moral Education 26 (1):85-99.
    Abstract In political culture, Hong Kong has undergone dramatic changes in recent decades. When Hong Kong was a British colony, its people were largely concerned to maintain the status quo so that they could be left alone; the ideal government was perceived as a paternalistic one which would maintain law and order. With their increasing involvement in political parties and pressure groups, more Hong Kong people are prepared to fight for their rights and demand ?freedom and democracy?; they want a (...)
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  16. Amy Gutmann (ed.) (1998). Freedom of Association. Princeton University Press.
    "This collection of essays is the best one-volume introduction to a timely topic: the nature, purposes, moral justifications of (and limitations on) freedom of association in liberal democracies.
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  17. Benjamin Kiesewetter (2009). Dürfen wir Kindern das Wahlrecht vorenthalten? Archiv für Rechts- Und Sozialphilosophie 95 (2):252-273.
    Up to a certain age, young people are denied the right to vote. In this paper, it is argued that this general exclusion from democratic participation is unjustified and should be abandoned. After a short survey of some of the pedagogic, legal, and political arguments that have been brought forward to support a liberalisation of electoral law in favour of children, the essay presents a basic moral argument against any age limit with respect to voting rights. First of all, it (...)
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  18. John Kleinig (1998). Civil Rights and Civil Liberties: Videotaping the Police. Criminal Justice Ethics 17 (1):42.
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  19. Wendy K. Mariner (1981). Medical Care for Prisoners: The Evolution of a Civil Right. Journal of Law, Medicine & Ethics 9 (2):4-8.
  20. David Owen (2011). Transnational Citizenship and the Democratic State: Modes of Membership and Voting Rights. Critical Review of International Social and Political Philosophy 14 (5):641-663.
    This article addresses two central topics in normative debates on transnational citizenship: the inclusion of resident non-citizens and of non-resident citizens within the demos. Through a critical review of the social membership (Carens, Rubio-Marin) and stakeholder (Baubock) principles, it identifies two problems within these debates. The first is the antinomy of incorporation, namely, the point that there are compelling arguments both for the mandatory naturalization of permanent residents and for making naturalization a voluntary process. The second is the arbitrary demos (...)
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  21. Ugo Pagallo (2013). Online Security and the Protection of Civil Rights: A Legal Overview. [REVIEW] Philosophy and Technology 26 (4):381-395.
    The paper examines the connection between online security and the protection of civil rights from a legal viewpoint, that is, considering the different types of rights and interests that are at stake in national and international law and whether, and to what extent, they concern matters of balancing. Over the past years, the purpose of several laws, and legislative drafts such as ACTA, has been to impose “zero-sum games”. In light of current statutes, such as HADOPI in France, or Digital (...)
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  22. Brook J. Sadler (2008). Re-Thinking Civil Unions and Same-Sex Marriage. The Monist 91 (3/4):578-605.
  23. Alex Sager (2014). Political Rights, Republican Freedom, and Temporary Workers. Critical Review of International Social and Political Philosophy 17 (2):189-211.
    I defend a neo-republican account of the right to have political rights. Neo-republican freedom from domination is a sufficient condition for the extension of political rights not only for permanent residents, but also for temporary residents, unauthorized migrants, and some expatriates. I argue for the advantages of the neo-republican account over the social membership account, the affected-interest account, the stakeholder account, and accounts based on the justification of state coercion.
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Freedom of Contract
  1. Matthew McCaffrey (2016). The Morals of Moral Hazard: A Contracts Approach. Business Ethics: A European Review 25 (4).
    Although moral hazard is a well-known economic concept, there is a long-standing controversy over its moral implications. The language economists use to describe moral hazard is often value-laden, and implies moral judgments about the persons or actions of economic agents. This in turn leads some to question whether it is actually a scientific concept, or simply a convenient tool for criticizing certain public policies. At present, there is no consensus about the moral meaning of moral hazard, or about whether the (...)
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Right to Political Participation
  1. Kimberley Brownlee (2007). Civil Disobedience. Stanford Encyclopedia of Philosophy.
  2. Annabelle Lever (2008). 'A Liberal Defence of Compulsory Voting': Some Reasons for Scepticism. POLITICS 28 (1):61-64.
    Liberal egalitarians such as Rawls and Dworkin, insist that a just society must try to make sure that socio-economic inequalities do not undercut the value of the vote, and of other political liberties. They insist on this not just for instrumental reasons, but because they assume that democratic forms of political participation can be desirable ends in themselves. However, compulsory voting laws seem to conflict with respect for reasonable differences of belief and value, essential to liberal egalitarians. Nor is it (...)
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  3. Rune Lines & Marcus Selart (2013). Participation and Organizational Commitment During Change: From Utopist to Realist Perspectives. In Skipton Leonard, Rachel Lewis, Arthur Freedman & Jonathan Passmore (eds.), Handbook of the psychology of leadership, change, and organizational development. Wiley-Blackwell 289-313.
    Trust has a great potential for furthering our understanding of organizational change and learning. This potential however remains largely untapped. It is argued that two reasons as for why this potential remains unrealized are: (i) A narrow conceptualization of change as implementation and (ii) an emphasis on direct and aggregated effects of individual trust to the exclusion of other effects. It is further suggested that our understanding of the effects of trust on organizational change, should benefit from including effects of (...)
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  4. Maximilian Runge, Vernünftige Existenz als Weltbewältigung. Eine Kritik der weltanschaulichen Neutralität säkularer Vernunft bei Jürgen Habermas.
    Since Jürgen Habermas' speech for the Peace Price of the German Book Trade in October 2001, secular reason – personified by one of its main protagonists – has been able to debate with religion anew. For the purpose of an unbiased encounter between philosophy and religion, Habermas introduced the term “postsecular” back then in order to emphasize that this dialogue was inevitably necessary, all the more in the face of religiously motivated terrorism. Nonetheless, this willingness to debate was accompanied by (...)
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Constitutional Rights
  1. Larry Alexander (2000). Rules, Rights, Options, and Time. Legal Theory 6 (4):391-404.
  2. Robert Alexy (2003). Constitutional Rights, Balancing, and Rationality. Ratio Juris 16 (2):131-140.
  3. Rodolfo Arango (2003). Basic Social Rights, Constitutional Justice, and Democracy. Ratio Juris 16 (2):141-154.
  4. Rajeev Bhargava (ed.) (2009). Politics and Ethics of the Indian Constitution. OUP India.
    This volume examines various aspects of the Indian Constitution from the perspective of political theory. The essays view the Constitution as a political or ethical document, thereby reflecting configurations of power and interests or articulating a moral vision.
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  5. Ken Levy (2017). Why the Late Justice Scalia Was Wrong: The Fallacies of Constitutional Textualism. Lewis and Clark Law Review 21 (1).
    My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...)
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  6. Thaddeus Metz (2014). African Values and Human Rights as Two Sides of the Same Coin: Reply to Oyowe. African Human Rights Law Journal 14 (2):306-21.
    In an article previously published in this Journal, Anthony Oyowe critically engages with my attempt to demonstrate how the human rights characteristic of South Africa’s Constitution can be grounded on a certain interpretation of Afro-communitarian values that are often associated with talk of ‘ubuntu’. Drawing on recurrent themes of human dignity and communal relationships in the sub-Saharan tradition, I have advanced a moral-philosophical principle that I argue entails and plausibly explains a wide array of individual rights to civil liberties, political (...)
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  7. D. D. O. (1960). Shall We Amend the Fifth Amendment? Review of Metaphysics 13 (4):703-703.
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Civil and Political Rights, Misc
  1. Rex J. Ahdar (2001). Adrift in a Sea of Rights: A Report Prepared for the New Zealand Education Development Foundation. New Zealand Education Development Foundation.
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  2. Marcus Arvan (2014). A Better, Dual Theory of Human Rights. Philosophical Forum 45 (1):17-47.
    Human rights theory and practice have long been stuck in a rut. Although disagreement is the norm in philosophy and social-political practice, the sheer depth and breadth of disagreement about human rights is truly unusual. Human rights theorists and practitioners disagree – wildly in many cases – over just about every issue: what human rights are, what they are for, how many of them there are, how they are justified, what human interests or capacities they are supposed to protect, what (...)
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  3. W. T. Blackstone (1971). On “Basic Political Rights”. Southern Journal of Philosophy 9 (1):85-89.
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  4. W. T. Blackstone (1971). On “Basic Political Rights”. Southern Journal of Philosophy 9 (1):85-89.
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  5. Hugh Breakey (2010). User's Rights and the Public Domain. Intellectual Property Quarterly (3):312-23.
    In recent years the concept of “user’s rights” has gained considerable currency in discussions of the limits of intellectual property in general, and of copyright in particular. Those arguing in favour of the public domain and increased limitations on copyright have increasingly sought to fight fire with fire – to place substantive user’s rights against the claims of intellectual property. User’s rights have in some jurisdictions received explicit Supreme Court imprimatur and they are expressly recognised in key charters of human (...)
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  6. Jason Brennan (2012). Political Liberty: Who Needs It? Social Philosophy and Policy 29 (1):1-27.
    This paper concerns the question of whether the political liberties tend to be valuable to the people who hold them. Philosophers have argued that the political liberties are needed or at least useful to lead a full, human life, to have one's social status and the social bases of self-respect secured, to make the government responsive to one's interests and generate preferred political outcomes, to participate in the process of social construction so that one can feel at home in the (...)
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  7. Thom Brooks (2007). Equality and Democracy. Ethical Perspectives 14 (1):3-12.
    In a recent article, Thomas Christiano defends the intrinsic justice of democracy grounded in the principle of equal consideration of interests. Each citizen is entitled to a single vote, equal in weight to all other citizens. The problem with this picture is that all citizens must meet a threshold of minimal competence. -/- My argument is that Christiano is wrong to claim a minimum threshold of competency is fully consistent with the principle of equality. While standards of minimal competency may (...)
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  8. Francisco Elías de Tejada (1965-1966). Derecho y ley en José Ortega y Gasset / Right and Law in José Ortega y Gasset. Anales de la Cátedra Francisco Suárez (5-6):109-127.
    Contents: 1. Razón del presente estudio -- 2. La formación del Derecho -- 3. Ortega y el Derecho natural -- 4. Ortega y el espíritu popular o "Volksgeist" -- 5. El Derecho y la Moral -- 6. Derecho y ley positiva -- 7. Colofón.
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  9. Annabelle Lever (forthcoming). Privacy and Democracy: What the Secret Ballot Reveals. Law, Culture and the Humanities.
    : Does the rejection of pure proceduralism show that we should adopt Brettschneider’s value theory of democracy? The answer, this paper suggests, is ‘no’. There are a potentially infinite number of incompatible ways to understand democracy, of which the value theory is, at best, only one. The paper illustrates and substantiates its claims by looking at what the secret ballot shows us about the importance of privacy and democracy. Drawing on the reasons to reject Mill’s arguments for open voting, in (...)
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  10. Annabelle Lever (2013). Democracy and Security. The Philosophers' Magazine 63 (4):99-110.
    It is especially hard, at present, to read the newspapers without emitting a howl of anguish and outrage. Philosophy can heal some wounds but, in this case, political action may prove a better remedy than philosophy. It can therefore feel odd trying to think philosophically about surveillance at a time like this, rather than joining with like-minded people to protest the erosion of our civil liberties, the duplicity of our governments, and the failings in our political institutions - including our (...)
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  11. Annabelle Lever (2013). Privacy: Restrictions and Decisions. In Steven Scalet and Christopher Griffin (ed.), APA Newsletter on Philosophy and Law. 1-6.
    This article forms part of a tribute to Anita L. Allen by the APA newletter on Philosophy and Law. It celebrates Allen's work, but also explains why her conception of privacy is philosophically inadequate. It then uses basic democratic principles and the example of the secret ballot to suggest how we might develop a more philosophically persuasive version of Allen's ideas.
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  12. Annabelle Lever (2011). Treating People as Equals: Ethical Objections to Racial Profiling and the Composition of Juries. [REVIEW] Journal of Ethics 15 (1/2):61 - 78.
    This paper shows that the problem of treating people as equals in a world marked by deep-seated and, often, recalcitrant inequalities has implications for the way we approach the provision of security and justice. On the one hand, it means that racial profiling will generally be unjustified even when it might promote collective interests in security, on the other, it means that we should strive to create racially mixed juries, even in cases where defendant and alleged-victim are of the same (...)
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  13. Annabelle Lever (2010). Compulsory Voting: A Critical Perspective. British Journal of Political Science 40:897-915.
    Should voting be compulsory? This question has recently gained the attention of political scientists, politicians and philosophers, many of whom believe that countries, like Britain, which have never had compulsion, ought to adopt it. The arguments are a mixture of principle and political calculation, reflecting the idea that compulsory voting is morally right and that it is will prove beneficial. This article casts a sceptical eye on the claims, by emphasizing how complex political morality and strategy can be. Hence, I (...)
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  14. Annabelle Lever (2010). 'Democracy and Voting: A Response to Lisa Hill'. British Journal of Political Science 40:925-929.
    Lisa Hill’s response to my critique of compulsory voting, like similar responses in print or in discussion, remind me how much a child of the ‘70s I am, and how far my beliefs and intuitions about politics have been shaped by the electoral conflicts, social movements and violence of that period. -/- But my perceptions of politics have also been profoundly shaped by my teachers, and fellow graduate students, at MIT. Theda Skocpol famously urged political scientists to ‘bring the state (...)
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  15. Annabelle Lever (2009). Is Compulsory Voting Justified? Public Reason 1 (1):57-74.
    This paper examines Jeremy Waldron’s ‘core case’ against judicial review. Waldron’s arguments, it shows, exaggerate the importance of voting to our judgements about the legitimacy and democratic credentials of a society and its government. Moreover, Waldron is insufficiently sensitive to the ways that judicial review can provide a legitimate avenue of political activity for those seeking to rectify historic injustice. While judicial review is not necessary for democratic government, the paper concludes that Waldron is wrong to believe that it is (...)
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