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  1. Thaddeus Metz (forthcoming). An African Theory of Social Justice. In Camilla Boisen & Matt Murray (eds.), Distributive Justice Debates in the History of Political and Social Thought: Finding A Fair Share. Routledge.
    A comprehensive account of justice grounded on salient Afro-communitarian values, the article attempts to unify views about the distribution of economic resources, the protection of human rights and the provision of social recognition as ultimately being about proper ways to value loving relationships.
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Contractarian And Consent Theories
  1. Thomas M. Besch, Reflections on the Foundations of Human Rights.
    Is there an approach to human rights that justifies rights-allocating moral-political principles as principles that are equally acceptable by everyone to whom they apply, while grounding them in categorical, reasonably non-rejectable foundations? The paper examines Rainer Forst’s constructivist attempt to provide such an approach. I argue that his view, far from providing an alternative to “ethical” approaches, depends for its own reasonableness on a reasonably contestable conception of the good, namely, the good of constitutive discursive standing. This suggests a way (...)
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  2. Gerald Gaus (2012). Justification, Choice and Promise: Three Devices of the Consent Tradition in a Diverse Society. Critical Review of International Social and Political Philosophy 15 (2):109-127.
    The twin ideas at the heart of the social contract tradition are that persons are naturally free and equal, and that genuine political obligations must in some way be based on the consent of those obligated. The Lockean tradition has held that consent must be in the form of explicit choice; Kantian contractualism has insisted on consent as rational endorsement. In this paper I seek to bring the Kantian and Lockean contract traditions together. Kantian rational justification and actual choice are (...)
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  3. Donald C. Hubin & Mark B. Lambeth (1988). Providing for Rights. Dialogue 27 (03):489-.
    Gauthier's version of the Lockean proviso (in Morals by Agreement) is inappropriate as the foundation for moral rights he takes it to be. This is so for a number of reasons. It lacks any proportionality test thus allowing arbitrarily severe harms to others to prevent trivial harms to oneself. It allows one to inflict any harm on another provided that if one did not do so, someone else would. And, by interpreting the notion of bettering or worsening one's position in (...)
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  4. Jeppe von Platz (2014). Are Economic Liberties Basic Rights? Politics, Philosophy, and Economics 13 (1):23-44.
    In this essay I discuss a powerful challenge to high-liberalism: the challenge presented by neoclassical liberals that the high-liberal assumptions and values imply that the full range of economic liberties are basic rights. If the claim is true, then the high-liberal road from ideals of democracy and democratic citizenship to left-liberal institutions is blocked. Indeed, in that case the high-liberal is committed to an institutional scheme more along the lines of laissez-faire capitalism than property-owning democracy. To present and discuss this (...)
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  5. Jeffrey Reiman (2011). No Idea of Justice: A Social Contractarian Response to Sen and Nussbaum. Criminal Justice Ethics 30 (1):23-38.
  6. John J. Thrasher (2013). Reconciling Justice and Pleasure in Epicurean Contractarianism. Ethical Theory and Moral Practice 16 (2):423-436.
    Epicurean contractarianism is an attempt to reconcile individualistic hedonism with a robust account of justice. The pursuit of pleasure and the requirements of justice, however, have seemed to be incompatible to many commentators, both ancient and modern. It is not clear how it is possible to reconcile hedonism with the demands of justice. Furthermore, it is not clear why, even if Epicurean contractarianism is possible, it would be necessary for Epicureans to endorse a social contract. I argue here that Epicurean (...)
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Will Versus Interest Theories
  1. Jerome E. Bickenbach (1989). The Moral Foundation of Rights By L. W. Sumner Oxford: Clarendon Press, 1987, Vii + 224 Pp., £22.50. [REVIEW] Philosophy 64 (247):120-.
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  2. Andrew Botterell & Carolyn McLeod, Can a Right to Reproduce Justify the Status Quo on Parental Licensing?
    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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  3. Duncan MacIntosh (2007). The Mutual Limitation of Needs as Bases of Moral Entitlements: A Solution to Braybrooke's Problem. In Susan Sherwin & Peter Schotch (eds.), Engaged Philosophy: Essays in Honour of David Braybrooke. University of Toronto Press.
    David Braybrooke argues that meeting people’s needs ought to be the primary goal of social policy. But he then faces the problem of how to deal with the fact that our most pressing needs, needs to be kept alive with resource-draining medical technology, threaten to exhaust our resources for meeting all other needs. I consider several solutions to this problem, eventually suggesting that the need to be kept alive is no different in kind from needs to fulfill various projects, and (...)
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  4. Susan Sherwin & Peter Schotch (eds.) (2007). Engaged Philosophy: Essays in Honour of David Braybrooke. University of Toronto Press.
  5. Makoto Usami (2011). The Non-Identity Problem, Collective Rights, and the Threshold Conception of Harm. Tokyo Institute of Technology Department of Social Engineering Discussion Paper (2011-04):1-17.
    One of the primary views on our supposed obligation towards our descendants in the context of environmental problems invokes the idea of the rights of future generations. A growing number of authors also hold that the descendants of those victimized by historical injustices, including colonialism and slavery, have the right to demand financial reparations for the sufferings of their distant ancestors. However, these claims of intergenerational rights face theoretical difficulties, notably the non-identity problem. To circumvent this problem in a relationship (...)
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  6. Siegfried van Duffel, The Nature of Rights.
    The debate between the 'Will Theory' and the 'Interest Theory' of rights is actually a debate over stipulative definitions. I argue how this could have happened, and suggest how we might proceed building a theory of rights.
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Consequentialism and Rights
  1. William Boardman, Notes on a Utilitarian Justification of Rights: The Strategy of Pre-Commitment.
    To begin with, we need to separate off the easy talk of “rights” in which they seem automatically to correspond with a person’s duties or obligations. It is of course true that since I have a duty not to wreak murder or mayhem on you, you have the corresponding right that I not do these things. But so far, the talk of “rights” is simply an alternative way to speak of someone else’s duties; the special or unique point to a (...)
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  2. John Harris (1978). Hanink on the Survival Lottery. Philosophy 53 (203):100 - 101.
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  3. John Harris (1975). The Survival Lottery. Philosophy 50 (191):81 - 87.
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The Basis of Rights, Misc
  1. Christiane Bailey (2013). Zoopolis. A Political Renewal of Animal Rights Theories. Dialogue:1-13.
    Book Panel on Zoopolis including articles by Clare Palmer, Dinesh Wadiwel and Laura Janara and a reply by Donaldson and Kymlicka.
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  2. Robert H. Bass (2006). Defending the Argument. Journal of Ayn Rand Studies 7 (2):371-381.
    In "Egoism versus Rights," I argued that egoism is incompatible with rights. Here, I respond to two critics of that argument.
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  3. Robert H. Bass (2006). Egoism Versus Rights. Journal of Ayn Rand Studies 7 (2):329-349.
    I develop an argument that key theses from Ayn Rand's ethics and political philosophy are incompatible with one another. Her ethical egoism is not compatible with her rights theory. Though Rand's version of rights theory is libertarian, the argument does not depend upon any claims peculiar to her theory, but would apply to the (in)compatibility of ethical egoism and almost any plausible rights theory.
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  4. Brian E. Butler (2010). Where Is the Civil in the Invisible Man's Disobedience? In Harold Bloom Blake Hobby (ed.), Bloom's Literary Themes: Civil Disobedience.
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  5. Craig Duncan, Democratic Liberalism:The Politics of Dignity.
    (a chapter from my book Libertarianism:For and Against).
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  6. Danny Frederick (2014). Voluntary Slavery. Las Torres de Lucca 4:115-37.
  7. Danny Frederick (2013). Hoppe’s Derivation of Self-Ownership From Argumentation: Analysis and Critique. Reason Papers 35 (1):92-106.
    Hans-Hermann Hoppe contends that the fact that a person has the capacity to argue entails that she has the moral right of exclusive control over her own body. Critics of Hoppe’s argument do not appear to have pinpointed its flaws. I expose the logical structure of Hoppe’s argument, distinguishing its pragmatic-contradiction and its mutual-recognition components. I provide three counterexamples to show that Hoppe’s mutual-recognition argument is invalid and I argue that the truth that appears to motivate the argument is simply (...)
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  8. Ori J. Herstein (2012). Defending the Right To Do Wrong. Law and Philosophy 31 (3):343-365.
    Are there moral rights to do moral wrong? A right to do wrong is a right that others not interfere with the right-holder’s wrongdoing. It is a right against enforcement of duty, that is a right that others not interfere with one’s violation of one’s own obligations. The strongest reason for moral rights to do moral wrong is grounded in the value of personal autonomy. Having a measure of protected choice (that is a right) to do wrong is a condition (...)
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  9. Peter Higgins (2009). Review of Kohen, Ari: In Defense of Human Rights: A Non-Religious Grounding in a Pluralistic World (Routledge, 2007). [REVIEW] Human Rights Review 10 (2):291-293.
  10. Adam Omar Hosein (2014). Doing, Allowing, and the State. Law and Philosophy 33 (2):235-264.
    The doing/allowing distinction plays an important role in our thinking about a number of legal issues, such as the need for criminal process protections, prohibitions on torture, the permissibility of the death penalty and so on. These are areas where, at least initially, there seem to be distinctions between harms that the state inflicts and harms that it merely allows. In this paper I will argue for the importance of the doing/allowing distinction as applied to state action. Sunstein, Holmes, Vermeule (...)
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  11. Andy Lamey (2012). A Liberal Theory of Asylum. Politics, Philosophy and Economics 11 (3):235-257.
    Hannah Arendt argued that refugees pose a major problem for liberalism. Most liberal theorists endorse the idea of human rights. At the same time, liberalism takes the existence of sovereign states for granted. When large numbers of people petition a liberal state for asylum, Arendt argued, these two commitments will come into conflict. An unwavering respect for human rights would mean that no refugee is ever turned away. Being sovereign, however, allows states to control their borders. States supposedly committed to (...)
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  12. Annabelle Lever (2012). New Frontiers in the Philosophy of Intellectual Property. Cambridge University Press.
    The new frontiers in the philosophy of intellectual property lie squarely in territories belonging to moral and political philosophy, as well as legal philosophy and philosophy of economics – or so this collection suggests. Those who wish to understand the nature and justification of intellectual property may now find themselves immersed in philosophical debates on the structure and relative merits of consequentialist and deontological moral theories, or disputes about the nature and value of privacy, or the relationship between national and (...)
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  13. 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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  14. Duncan MacIntosh (2007). The Mutual Limitation of Needs as Bases of Moral Entitlements: A Solution to Braybrooke's Problem. In Susan Sherwin & Peter Schotch (eds.), Engaged Philosophy: Essays in Honour of David Braybrooke. University of Toronto Press.
    David Braybrooke argues that meeting people’s needs ought to be the primary goal of social policy. But he then faces the problem of how to deal with the fact that our most pressing needs, needs to be kept alive with resource-draining medical technology, threaten to exhaust our resources for meeting all other needs. I consider several solutions to this problem, eventually suggesting that the need to be kept alive is no different in kind from needs to fulfill various projects, and (...)
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  15. Duncan MacIntosh (2007). Who Owns Me: Me Or My Mother? How To Escape Okin's Problem For Nozick's And Narveson's Theory Of Entitlement. In Malcolm Murray (ed.), Liberty, Games And Contracts: Jan Narveson And The Defense Of Libertarianism. Ashgate.
    Susan Okin read Robert Nozick as taking it to be fundamental to his Libertarianism that people own themselves, and that they can acquire entitlement to other things by making them. But she thinks that, since mothers make people, all people must then be owned by their mothers, a consequence Okin finds absurd. She sees no way for Nozick to make a principled exception to the idea that people own what they make when what they make is people, concluding that Nozick’s (...)
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  16. Malcolm Murray (ed.) (2007). Liberty, Games And Contracts: Jan Narveson And The Defense Of Libertarianism. Ashgate.
    Jan Narveson is one of the most significant contemporary defenders of the libertarian political position.
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  17. Marcus Ohlström, Marco Solinas & Olivier Voirol (2010). Redistribuzione o riconoscimento? di Nancy Fraser e Axel Honneth. Iride 23 (2):443-460.
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  18. Marek Piechowiak (2013). Aksjologiczne podstawy polskiego prawa [The Axiological Basis of Polish Law]. In Tadeusz Guz, Jan Głuchowski & Maria Pałubska (eds.), Synteza prawa polskiego od 1989 roku. C. H. Beck. 39-70.
    An axiological analysis of the basis of the 1997 Constitution of the Republic of Poland, determined mainly in the Preamble, makes it possible to put forward a thesis that this axiology is not, at least in reference to the principle, eclectic. In respect of the meta-axiological settlements, this is a tradition of natural-law type, recognizing the objective grounding of values and law. The accepted solutions are also convergent with the axiology typical of the international protection of human rights. -/- Résumé (...)
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  19. Marek Piechowiak (2012). Godność w Karcie Praw Podstawowych Unii Europejskiej – destrukcja uniwersalnego paradygmatu ujęcia podstaw praw człowieka? [Dignity in the Charter of Fundamental Rights of the European Union – Destruction of the Universal Paradigm of Understanding of the Foundations of Human Rights?]. Themis Polska Nova 2 (1):126-146.
    Zasadniczym przedmiotem analiz tego opracowania jest pojęcie godności w Karcie praw podstawowych Unii Europejskiej z 7 grudnia 2000 r. Interpretacja Karty prowadzona jest z uwzględnieniem postanowień Traktatu z Lizbony z 13 grudnia 2007 r., który podniósł Kartę do rangi prawa traktatowego. Uwyraźnienie treści pojęcia godności w Karcie dokonywane jest przez pryzmat paradygmatu rozumienia godności utrwalonego już w prawie międzynarodowym praw człowieka na poziomie uniwersalnym, czyli prawa kształtowanego i funkcjonującego w ramach Organizacji Narodów Zjednoczonych. Paradygmat uniwersalny, w którego centrum znajduje się (...)
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  20. Marek Piechowiak (2003). Filozoficzne podstawy rozumienia dobra wspólnego. Kwartalnik Filozoficzny 31 (2):5-35.
    "Philosophical Foundations of Understanding of the Common Good". The central question is whether recognizing the common good as the central value in the new Polish Constitution of 1997, means accepting the primacy of the state over an individual. The answer is negative. The preparatory work to the constitution is analyzed and the philosophical perspective is outlined which corresponds to the intentions of the authors of the constitution. The analyses concentrate on the philosophical tradition reaching from Plato to Aristotle and Thomas (...)
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  21. Ryan Preston-Roedder (2014). A Better World. Philosophical Studies 168 (3):629-644.
    A number of moral philosophers have endorsed instances of the following curious argument: it would be better if a certain moral theory were true; therefore, we have reason to believe that the theory is true. In other words, the mere truth of the theory—quite apart from the results of our believing it or acting in accord with it—would make for a better world than the truth of its rivals, and this fact provides evidence of the theory’s truth. This form of (...)
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  22. David T. Risser (1996). The Social Dimension of Moral Responsibility: Taking Organizations Seriously. Journal of Social Philosophy 27 (1):189-207.
    This article provides a justification for holding complex organizations morally responsible and shows how this moral dimension is implicit in the concept of power. Several objections to organizational moral responsibility are addressed, and a new view of complex organizations as agents which are morally responsible, but do not possess moral rights, is defended.
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  23. Raffaele Rodogno (2004). De la dignité aux droits fondamentaux en passant par le bonheur. Studia Philosophica 63.
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  24. Susan Sherwin & Peter Schotch (eds.) (2007). Engaged Philosophy: Essays in Honour of David Braybrooke. University of Toronto Press.
  25. Marco Solinas (2009). Review of Hauke Brunkhorst, Habermas. [REVIEW] Iride (56):253-254.
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  26. Terrance Tomkow, Self Defense.
    If there are rights there is surely a right to self-defense. But self-defense has proved very puzzling to rights theorists. The central puzzle has been called the "paradox of self-defense": If our right not to be harmed gives rise to our right to fight back, what happens to the attacker's right not to be harmed when the defender fights back? If the attacker somehow forfeits his right to self-defense because he is a bad actor, what do we say about innocent (...)
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  27. Siegfried van Duffel (2013). Natural Rights to Welfare. European Journal of Philosophy 21 (4):641-664.
    : Many people have lamented the proliferation of human rights claims. The cure for this problem, it may be thought, would be to develop a theory that can distinguish ‘real’ from ‘supposed’ human rights. I argue, however, that the proliferation of human rights mirrors a deep problem in human rights theory itself. Contemporary theories of natural rights to welfare are historical descendants from a theory of rights to subsistence which was developed in twelfth-century Europe. According to this theory, each human (...)
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  28. Siegfried van Duffel (2009). The Dependence of Libertarianism On. Critical Review 21 (1):117-124.
    G. E. Morton’s attempt to defend libertarianism against my claim that it relies on an implausible secularization of ideas of divine sovereignty fails. It is not true that morality itself entails human sovereignty, as witnessed by the moral theories of theological voluntarists and of consequentialists. Nor is it true that sovereignty can be conceptually transferred from God to equal human individuals, since they would have no legitimate way to legislate over each other short of a unanimous “general will.” Nor, finally, (...)
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  29. Siegfried van Duffel (2004). Libertarian Natural Rights. Critical Review 16 (4):353-375.
    Non-consequentialist libertarianism usually revolves around the claim that there are only “negative,” not “positive,” rights. Libertarian nega- tive-rights theories are so patently problematic, though, that it seems that there is a more fundamental notion at work. Some libertarians think this basic idea is freedom or liberty; others, that it is self-ownership. Neither approach is satis- factory.
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  30. Rob van Someren Greve (2011). Wishful Thinking in Moral Theorizing: Comment on Enoch. Utilitas 23 (04):447-450.
    David Enoch recently defended the idea that there are valid inferences of the form ‘it would be good if p, therefore, p’. I argue that Enoch's proposal allows us to infer the absurd conclusion that ours is the best of all possible worlds.
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  31. Alex Voorhoeve (2009). Mill and Barry on the Foundations of Liberal Rights. The Philosophers' Magazine 46:78-82.
    In On Liberty, Mill famously propounded a view of the good life as the autonomous life. On this view, it is crucial that people develop and exercise, to a high degree, their ability to reason independently about what to believe and what to aim at in life. It is also important that they be able to freely hold and express their beliefs and effectively act on their aims. As Mill put it: The mental and the moral, like the muscular, powers (...)
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