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  1. Amy Baehr (2002). Women's Voices, Women's Rights: Oxford Amnesty Lectures 1996 (Review). Hypatia 17 (1):197-200.
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  2. 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.
  3. 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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  4. Jeremy Bendik-Keymer (unknown). Why Can't Democracies Be Universal?: How Do Democracies Resolve Disagreement Over Citizenship? :233-238.
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  5. 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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  6. 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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  7. Joshua Cohen (1993). Freedom of Expression. Philosophy and Public Affairs 22 (3):207-263.
  8. 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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  9. Grace A. de Laguna (1946). Democratic Equality and Individuality. Philosophical Review 55 (2):111-131.
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  10. 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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  11. 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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  12. John Kleinig (1998). Civil Rights and Civil Liberties: Videotaping the Police. Criminal Justice Ethics 17 (1):42.
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  13. Wendy K. Mariner (1981). Medical Care for Prisoners: The Evolution of a Civil Right. Journal of Law, Medicine and Ethics 9 (2):4-8.
  14. 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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  15. 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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  16. Brook J. Sadler (2008). Re-Thinking Civil Unions and Same-Sex Marriage. The Monist 91 (3/4):578-605.
  17. Alex Sager (2012). Political Rights, Republican Freedom, and Temporary Workers. Critical Review of International Social and Political Philosophy (2):1-23.
Constitutional Rights
  1. Robert Alexy (2003). Constitutional Rights, Balancing, and Rationality. Ratio Juris 16 (2):131-140.
  2. Rodolfo Arango (2003). Basic Social Rights, Constitutional Justice, and Democracy. Ratio Juris 16 (2):141-154.
  3. Rajeev Bhargava (ed.) (2009). Politics and Ethics of the Indian Constitution. OUP India.
    This collection of essays analyses the Indian Constitution as a political or an ethical document, from a political theory perspective, reflecting configurations of power and interest or articulating a moral vision. This study of the Constitution provides a platform on which extensive political deliberations and arguments over procedural and substantive issues relating to Indian society can take place. The essays discuss ideas of equality, freedom, citizenship and property, minority rights, democracy and welfare as found in the Constitution. It also asks (...)
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  4. 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).
    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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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.
  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. (In contrast, we might ask whether the liberties are valuable in the aggregate or are owed to people as a matter of justice, regardless of their value.) 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 (...)
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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 be (...)
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  8. Annabelle Lever (forthcoming). Must Privacy and Sexual Equality Conflict? A Philosophical Examination of Some Legal Evidence. Social Research.
  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). '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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  14. Annabelle Lever (2009). Is Compulsory Voting Justified? Public Reason 1 (1):57-74.
  15. Annabelle Lever (2007). What's Wrong with Racial Profiling? Another Look at the Problem. Criminal Justice Ethics 26 (1):20-28.
    According to Mathias Risse and Richard Zeckhauser, racial profiling can be justified in a society, such as the contemporary United States, where the legacy of slavery and segregation is found in lesser but, nonetheless, troubling forms of racial inequality. Racial profiling, Risse and Zeckhauser recognize, is often marked by police abuse and the harassment of racial minorities and by the disproportionate use of race in profiling. These, on their view, are unjustified. But, they contend, this does not mean that all (...)
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  16. Annabelle Lever (2006). Privacy Rights and Democracy: A Contradiction in Terms? Contemporary Political Theory 5 (2):142.
    This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people’s freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...)
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  17. Annabelle Lever (2005). Why Racial Profiling is Hard to Justify: A Response to Risse and Zeckhauser. Philosophy and Public Affairs 33 (1):94–110.
    In their article, “Racial Profiling,” Risse and Zeckhauser offer a qualified defense of racial profiling in a racist society, such as the contemporary United States of America. It is a qualified defense, because they wish to distinguish racial profiling as it is, and as it might be, and to argue that while the former is not justified, the latter might be. Racial profiling as it is, they recognize, is marked by police abuse and the harassment of racial minorities, and by (...)
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  18. Annabelle Lever (2000). The Politics of Paradox: A Response to Wendy Brown. Constellations 7 (2):242-254.
    What role should rights play in feminist politics and the quest for equality? This article examines Wendy Brown's response to that question in her 'suffering rights as paradoxes' and shows that for all its merits, it draws our attention away from the central question of how to describe women's interests, given the many differences amongst women.
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  19. Annabelle Lever, 'A Liberal Defence of Compulsory Voting': Some Reasons for Scepticism.
    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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  20. Annabelle Lever, Compulsory Voting: A Critical Perspective.
    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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  21. Annabelle Lever, Is Judicial Review Undemocratic?
    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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  22. John Oberdiek (2010). Specifying Constitutional Rights. Constitutional Commentary 271 (1).
  23. Rodney G. Peffer, A Modified Rawlsian Theory of Social Justice: 'Justice as Fair Rights'.
    In my 1990 work – Marxism, Morality, and Social Justice – I argued for four modifications of Rawls’s principles of social justice and rendered a modified version of his theory in four principles, the first of which is the Basic Rights Principle demanding the protection of people’s security and subsistence rights. In both his Political Liberalism (1993) and Justice as Fairness (2001) Rawls explicitly refers to my version of his theory, clearly accepting three of my four proposed modifications but rejecting (...)
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  24. Marco Solinas (2009). Review of Hauke Brunkhorst, Habermas. [REVIEW] Iride (56):253-254.
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  25. Reginald Williams (20011). Combatting Long-Term Global Poverty: A Thought Piece. Poverty and Public Policy 3 (2):article 8 (on line).
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