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  1. Jami L. Anderson & Simon Cushing (eds.) (2013). The Philosophy of Autism. Rowman & Littlefield.
    The Philosophy of Autism examines autism from the tradition of analytic philosophy, working from the premise that so-called autism spectrum disorders raise interesting philosophical questions that need to be and can be addressed in a manner that is clear, jargon-free, and accessible. The goal of the original essays in this book is to provide a philosophically rich analysis of issues raised by autism and to afford dignity and respect to those living with autism by placing it at the center of (...)
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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. Marcus Arvan (2012). Reconceptualizing Human Rights. Journal of Global Ethics 8 (1):91-105.
    This paper defends several highly revisionary theses about human rights. Section 1 shows that the phrase ?human rights? refers to two distinct types of moral claims. Sections 2 and 3 argue that several longstanding problems in human rights theory and practice can be solved if, and only if, the concept of a ?human right? is replaced by two more exact concepts: International human rights: moral claims sufficient to warrant coercive domestic and international social protection. Domestic human rights: moral claims sufficient (...)
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  4. A. Barlas (2013). Uncrossed Bridges Islam, Feminism and Secular Democracy. Philosophy and Social Criticism 39 (4-5):417-425.
    In this article I review two contrasting approaches to Muslim women’s rights: those that want Muslims to secularize the Qur’an as the precondition for getting rights and those that emphasize the importance of a liberatory Qur’anic hermeneutics to Muslim women’s struggles for rights and equality. As examples of the former, I take the works of Nasr Abu Zayd and Raja Rhouni and, of the latter, my own. In addition to joining the debates on Muslim women’s rights, this exercise is meant (...)
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  5. Christian Barry & Nicholas Southwood (2011). What Is Special About Human Rights? Ethics and International Affairs 25 (3):369-83.
    Despite the prevalence of human rights discourse, the very idea or concept of a human right remains obscure. In particular, it is unclear what is supposed to be special or distinctive about human rights. In this paper, we consider two recent attempts to answer this challenge, James Griffin’s “personhood account” and Charles Beitz’s “practice-based account”, and argue that neither is entirely satisfactory. We then conclude with a suggestion for what a more adequate account might look like – what we call (...)
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  6. Thomas M. Besch (2013). On a Reflexive Case for Human Rights. Journal of East-West Thought 3 (4):51-64.
    Can there be a "reflexive" or presuppositional, reasonably non-rejectable grounding of a Forst-type right to justification, or of a meaningful form of constitutive discursive standing? The paper argues that this is not so, and this for reasons that reflect more general limitations of presuppositional arguments for relevantly contested conclusions. To this end, the paper critically engages Forst's "reflexive" argument for human rights. It also considers O'Neill's presuppositional attempt to defend a form of cosmopolitanism, as well as the attempt to anchor (...)
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  7. Claudio Corradetti (2013). What Does Cultural Difference Require of Human Rights. In Cindy Holder & David Reidy (eds.), Human Rights. The Hard Questions, Cambridge University Press.
    Th e contemporary right to freedom of thought together with all its further declinations into freedom of speech, religion, conscience and expression, had one of its earliest historical recognitions at the end of the Wars of Religion with the Edict of Nantes (1598). In several respects one can saythat the right to freedom of thought is virtually “co-original” with the endof the Wars of Religion. Following this thought further, one might think that human rights defi ne the boundaries of our (...)
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  8. Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.) (forthcoming). The Philosophical Foundations of Human Rights. Oxford University Press.
  9. Michael Cuffaro (2007). Which Rights Are Basic Rights? Gnosis 9 (1).
    In this paper I explain and defend the content and justification of John Rawls's conception of human rights, as he outlines it in his major work: The Law of Peoples. I focus, in particular, on the criticisms of Allen Buchanan. Buchanan distinguishes four lines of argument that Rawls uses to derive what, according to Buchanan, is a 'lean' list of human rights: the Political Conception Argument, the Associationist Argument, the Cooperation Argument, and finally the Functionalist Argument. In each case Buchanan (...)
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  10. Eric Dietrich (2007). After the Humans Are Gone. Philosophy Now 61 (May/June):16-19.
    Recently, on the History Channel, artificial intelligence (AI) was singled out, with much wringing of hands, as one of the seven possible causes of the end of human life on Earth. I argue that the wringing of hands is quite inappropriate: the best thing that could happen to humans, and the rest of life of on planet Earth, would be for us to develop intelligent machines and then usher in our own extinction.
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  11. Adam Etinson (2013). Human Rights, Claimability and the Uses of Abstraction. Utilitas 25 (4):463-486.
    This article addresses the so-called to human rights. Focusing specifically on the work of Onora O'Neill, the article challenges two important aspects of her version of this objection. First: its narrowness. O'Neill understands the claimability of a right to depend on the identification of its duty-bearers. But there is good reason to think that the claimability of a right depends on more than just that, which makes abstract (and not welfare) rights the most natural target of her objection (section II). (...)
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  12. Ángel Manuel Faerna (2011). Ontología social y derechos humanos en John R. Searle. Análisis Filosófico 31 (2):115-139.
    Este artículo se opone a la tesis recientemente sostenida por John Searle según la cual no existen los derechos humanos positivos. Argumentamos que la existencia de dichos derechos no es contradictoria, como pretende Searle, con las nociones de "derecho" y"derechos humanos" definidas en su ontología social. Por consiguiente, es posible aceptar la ontología social de Searle y afirmar al mismo tiempo que los derechos humanos positivos existen. En segundo lugar, ofrecemos razones para cuestionar la supuesta prioridad lógica de una ontología (...)
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  13. Pablo Gilabert (forthcoming). Human Rights, Human Dignity, and Power. In Rowan Cruft, Matthew Liao & Massimo Renzo (eds.), The Philosophical Foundations of Human Rights. Oxford University Press.
    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) a normative status of persons that makes their treatment in terms of human rights a proper response, and (b) a social condition of persons in which their human rights are fulfilled. This paper pursues three tasks. First, it (...)
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  14. Pablo Gilabert (forthcoming). Reflections on Human Rights and Power. In Adam Etinson (ed.), Human Rights: Moral or Political? Oxford University Press.
    Human rights are particularly relevant in contexts in which there are significant asymmetries of power, but where these asymmetries exist the human rights project turns out to be especially difficult to realize. The stronger can use their disproportionate power both to threaten others’ human rights and to frustrate attempts to secure their fulfillment. They may even monopolize the international discussion as to what human rights are and how they should be implemented. This paper explores this tension between the normative ideal (...)
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  15. Pablo Gilabert (2013). The Capability Approach and the Debate Between Humanist and Political Perspectives on Human Rights. A Critical Survey. Human Rights Review 14 (4):299-325.
    This paper provides a critical exploration of the capability approach to human rights (CAHR) with the specific aim of developing its potential for achieving a synthesis between “humanist” or “naturalistic” and “political” or “practical” perspectives in the philosophy of human rights. Section II presents a general strategy for achieving such a synthesis. Section III provides an articulation of the key insights of CAHR (its focus on actual realizations given diverse circumstances, its pluralism of grounds, its emphasis on freedom of choice, (...)
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  16. Pablo Gilabert (2012). From Global Poverty to Global Equality: A Philosophical Exploration. Oxford University Press, UK.
    Machine generated contents note: -- Acknowledgments -- 1. Introduction: The complexity of the debate on global justice -- Part I: Beyond Global Poverty -- 2. Basic positive duties of justice: A contractualist defense -- 3. Negative duties and the libertarian challenge -- 4. The feasibility of global poverty eradication in nonideal circumstances -- Part II: Toward Global Equality -- 5. Humanist versus associativist accounts of global equality -- 6. A humanist defense of global equality -- 7. The feasibility of global (...)
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  17. Pablo Gilabert (2011). Humanist and Political Perspectives on Human Rights. Political Theory 39 (4):439-467.
    This essay explores the relation between two perspectives on the nature of human rights. According to the "political" or "practical" perspective, human rights are claims that individuals have against certain institutional structures, in particular modern states, in virtue of interests they have in contexts that include them. According to the more traditional "humanist" or "naturalistic" perspective, human rights are pre-institutional claims that individuals have against all other individuals in virtue of interests characteristic of their common humanity. This essay argues that (...)
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  18. Pablo Gilabert (2010). The Importance of Linkage Arguments for the Theory and Practice of Human Rigths. A Response to James Nickel. Human Rights Quarterly 32 (2):425-438.
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  19. Pablo Gilabert (2008). Global Justice and Poverty Relief in Nonideal Circumstances. Social Theory and Practice 34 (3):411-438.
  20. Pablo Gilabert (2007). Comentarios Sobre la Concepcion de la Justicia Global de Pogge. Revista Latinoamericana de Filosofia 33 (2):205-222.
    This paper presents a reconstruction of and some constructive comments on Thomas Pogge’s conception of global justice. Using Imre Lakatos’s notion of a research program, the paper identifies Pogge’s “hard core” and “protective belt” claims regarding the scope of fundamental principles of justice, the object and structure of duties of global justice, the explanation of world poverty, and the appropriate reforms to the existing global order. The paper recommends some amendments to Pogge’s program in each of the four areas.
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  21. Pablo Gilabert (2005). The Duty to Eradicate Global Poverty: Positive or Negative? Ethical Theory and Moral Practice 7 (5):537 - 550.
    In World Poverty and Human Rights, Thomas Pogge argues that the global rich have a duty to eradicate severe poverty in the world. The novelty of Pogges approach is to present this demand as stemming from basic commands which are negative rather than positive in nature: the global rich have an obligation to eradicate the radical poverty of the global poor not because of a norm of beneficence asking them to help those in need when they can at little cost (...)
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  22. 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.
  23. Peter Higgins (2007). Review of Benhabib, Seyla: The Rights of Others: Aliens, Residents, and Citizens (Cambridge University Press, 2004). [REVIEW] Human Rights Review 8 (2):133-135.
  24. Peter Higgins (2006). Review of Gould, Carol: Globalizing Democracy and Human Rights (Cambridge University Press, 2006). [REVIEW] Human Rights Review 7 (4):117-119.
  25. Stan van Hooft (2009). Gillian Brock, Global Justice: A Cosmopolitan Account. Ethics and Global Politics 2 (4).
    This is a review of Gillian Brock’s new book, Global justice: a cosmopolitan account (Oxford: Oxford University Press, 2009) which sets out the central theses of the book and then offers a critical appraisal of its central arguments. My specific concern is that Brock gives an insufficiently robust account of human rights with which to define the nature of global justice and thereby leaves cosmopolitanism too vulnerable to the normative pull of local and traditional moral conceptions that fall short of (...)
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  26. S. Matthew Liao (2006). The Right of Children to Be Loved. Journal of Political Philosophy 14 (4):420–440.
    A number of international organizations have claimed that children have a right to be loved, but there is a worry that this claim may just be an empty rhetoric. In this paper, I seek to show that there could be such a right by providing a justification for this right in terms of human rights, by demonstrating that love can be an appropriate object of a duty, and by proposing that biological parents should normally be made the primary bearers of (...)
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  27. S. Matthew Liao & Adam Etinson (2012). Political and Naturalistic Conceptions of Human Rights: A False Polemic? Journal of Moral Philosophy 9 (3):327-352.
    What are human rights? According to one longstanding account, the Naturalistic Conception of human rights, human rights are those that we have simply in virtue of being human. In recent years, however, a new and purportedly alternative conception of human rights has become increasingly popular. This is the so-called Political Conception of human rights, the proponents of which include John Rawls, Charles Beitz, and Joseph Raz. In this paper we argue for three claims. First, we demonstrate that Naturalistic Conceptions of (...)
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  28. Alice MacLachlan (2013). Government Apologies to Indigenous Peoples. In C. Allen Speight & Alice MacLachlan (eds.), Justice, Responsibility and Reconciliation in the Wake of Conflict. Springer. 183-204.
    In this paper, I explore how theorists might navigate a course between the twin dangers of piety and excess cynicism when thinking critically about state apologies, by focusing on two government apologies to indigenous peoples: namely, those made by the Australian and Canadian Prime Ministers in 2008. Both apologies are notable for several reasons: they were both issued by heads of government, and spoken on record within the space of government: the national parliaments of both countries. Furthermore, in each case, (...)
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  29. Andreas Maier (forthcoming). Torture. How Denying Moral Standing Violates Human Dignity. In Webster Elaine & Kaufmann Paulus (eds.), Violations of Human Dignity. Springer.
    In this article I try to elucidate the concept of human dignity by taking a closer look at the features of a paradigmatic torture situation. After identifying the salient aspects of torture, I discuss various accounts for the moral wrongness of such acts and argue that what makes torture a violation of human dignity is the perverted moral relationship between torturer and victim. This idea is subsequently being substantiated and defended against important objections. In the final part of the chapter (...)
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  30. Alejandra Mancilla (2013). Det vi eide førfast eiendom. Hugo Grotius og suum (What We Own Before Property: Hugo Grotius and the suum). Arr, Idéhistorisk Tiddskrift 3:3-14.
    At the basis of modern natural law theories, the concept of the suum, or what belongs to the person (in Latin, his, her, its, their own), has received little scholarly attention despite its importance both in explaining and justifying not only the genealogy of property, but also that of morality and war.1 In this paper I examine Hugo Grotius's what it is, what things it includes, what rights it gives rise to and how it is extended in the transition from (...)
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  31. Alejandra Mancilla (2012). Noncivil Disobedience and the Right of Necessity. A Point of Convergence. Krisis 3:3-15.
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  32. Ignacio Mastroleo (forthcoming). Bioética y Derechos Humanos: Sobre la Representación Intelectual Del Origen de la Bioética. Véritas.
    En este trabajo se comparan dos representaciones en competencia sobre el origen de la bioética para llamar la atención sobre un posible cambio de marco teórico dentro de la disciplina. Por un lado, una representación parroquiana del origen de la bioética, centrada en problemas tecnológicos locales, y fundamentada en tradiciones culturales particulares. Por otro lado, una representación universal y pluralista, que enfrenta problemas de justicia y salud globales y que intenta buscar el fundamento normativo del discurso de la bioética en (...)
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  33. Thaddeus Metz (2005). The Ethics of Routine HIV Testing: A Respect-Based Analysis. South African Journal on Human Rights 21 (3):370-405.
    Routine testing is a practice whereby medical professionals ask all patients whether they would like an HIV test, regardless of whether there is anything unique to a given patient that suggests the presence of HIV. In three respects I aim to offer a fresh perspective on the debate about whether a developing country with a high rate of HIV infection morally ought to adopt routine testing. First, I present a neat framework that organises the moral issues at stake, bringing out (...)
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  34. Diana Tietjens Meyers (2011). Two Victim Paradigms and the Problem of ‘Impure’ Victims. Humanity 2 (2):255-275.
    Philosophers have had surprisingly little to say about the concept of a victim although it is presupposed by the extensive philosophical literature on rights. Proceeding in four stages, I seek to remedy this deficiency and to offer an alternative to the two current paradigms that eliminates the Othering of victims. First, I analyze two victim paradigms that emerged in the late 20th century along with the initial iteration of the international human rights regime – the pathetic victim paradigm and the (...)
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  35. Diana Tietjens Meyers (2009). Narrative Structures, Narratives of Abuse, and Human Rights. In Lisa Tessman (ed.), Feminist Ethics and Social and Political Philosophy: Theorizing the Non- Ideal. Kluwer.
    This paper explores the relation between victims’ stories and normativity. As a contribution to understanding how the stories of those who have been abused or oppressed can advance moral understanding, catalyze moral innovation, and guide social change, this paper focuses on narrative as a variegated form of representation and asks whether personal narratives of victimization play any distinctive role in human rights discourse. In view of the fact that a number of prominent students of narrative build normativity into their accounts, (...)
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  36. Kieran Oberman (2013). Can Brain Drain Justify Immigration Restrictions. Ethics 123 (1):427-455.
    This article considers one seemingly compelling justification for immigration restrictions: that they help restrict the brain drain of skilled workers from poor states. For some poor states, brain drain is a severe problem, sapping their ability to provide basic services. Yet this article finds that justifying immigration restrictions on brain drain grounds is far from straightforward. For restrictions to be justified, a series of demanding conditions must be fulfilled. Brain drain does provide a successful argument for some immigration restrictions, but (...)
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  37. 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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  38. 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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  39. Piechowiak (2011). W Sprawie Aksjologicznej Spójności Konstytucji RP. Dobro Wspólne Czy Godność Człowieka?, [Axiological Consistency of the Polish Constitution: Common Good or Human Dignity?]. In Stanisław Leszek Stadniczeńko (ed.), Jednolitość aksjologiczna systemu prawa w rozwijających się państwach demokratycznych Europy. Wydawnictwo Uniwersytetu Opolskiego. 111-124.
    The author poses a question: which of the two fundamental, constitutional values – common good or human dignity – can be considered to be the cornerstone, the unifying value in the Constitution of the Republic of Poland from 1997. The paper shows the crucial reasons for accepting each of these values as primary and also presents the underlying relationships between these values . The prominence of a given value for defining the aim of the constitution and the legal order based (...)
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  40. Marek Piechowiak (2013). Prawne a pozaprawne pojęcia dobra wspólnego [Legal and Extralegal Notions of Common Good]. In Wojciech Arndt, Franciszek Longchamps de Bérier & Krzysztof Szczucki (eds.), Dobro wspólne. Teoria i praktyka. Wydawnictwo Sejmowe. 23-45.
    Opracowanie dotyczy relacji konstytucyjnego pojęcia „dobro wspólne” z art. 1 Konstytucji RP, do pozaprawnych pojęć dobra wspólnego. Bezpośredni asumpt do jego przygotowania dało zdanie odrębne sędziego Trybunału Konstytucyjnego Zbigniewa Cieślaka do wyroku TK z dnia 20 kwietnia 2011 r. w sprawie Kp 7/09, dotyczącej zmian w prawie budowlanym. Jest to w ogóle najobszerniejsza wypowiedź w całym dotychczasowym orzecznictwie TK poświęcona wprost problematyce dobra wspólnego. Sędzia Z. Cieślak wyraźnie odróżnił prawne pojęcie dobra wspólnego – jego zdaniem właściwe dla interpretacji klauzuli dobra (...)
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  41. 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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  42. David A. Reidy (2008). Human Rights: Institutions and Agendas. Public Affairs Quarterly 22 (4):409-433.
    Distinguishes and shows how one can coherently affirm distinct human rights agendas rooted in distinct conceptions of human rights, each with its own normative aim and institutional and discursive field of application.
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  43. Niamh Reilly (2007). Cosmopolitan Feminism and Human Rights. Hypatia 22 (4):180-198.
    : Reilly offers an account of cosmopolitan feminism as emancipatory political practice in an age of globalization. This entails a critical engagement with international human rights law; a global feminist consciousness that contests patriarchal, capitalist, and racist power dynamics in a context of neoliberal globalization; cross-boundaries dialogue that recognizes the intersectionality of forms of oppression; collaborative transnational strategizing on concrete issues; and the utilization of global forums as sites of cosmopolitan solidarity and citizen action.
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  44. Lisa Rivera (2011). Armed Conflict: Effect on Women. In Encyclopedia of Global Justice.
  45. Uwe Steinhoff (2012). Unsavory Implications of a Theory of Justice and the Law of Peoples: The Denial of Human Rights and the Justification of Slavery. Philosophical Forum 43 (2):175-196.
    Many philosophers have criticized John Rawls’s Law of Peoples. However, often these criticisms take it for granted that the moral conclusions drawn in A Theory of Justice are superior to those in the former book. In my view, however, Rawls comes to many of his 'conclusions' without too many actual inferences. More precisely, my argument here is that if one takes Rawls’s premises and the assumptions made about the original position(s) seriously and does in fact think them through to their (...)
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  46. Jennifer Szende, Beitz and the Problem with a State-Focused Approach to Human Rights.
    Charles Beitz has presented us with a new and novel theory of human rights, one that is motivated by a concern for the enforcement of human rights in modern international practice. However, the focus on states in his human rights project generates a tension between the universal aspirations of individual human rights and the vulnerable individuals who through rendition or state failure find themselves outside the international state system. This paper argues that Beitz and other theorists of human rights make (...)
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  47. Jennifer Szende (2011). Human Rights. In Deen Chatterjee (ed.), Encyclopedia of Global Justice.
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  48. Manuel Toscano (2012). Language Rights as Collective Rights: Some Conceptual Considerations on Language Rights. Res Publica 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 claim that language rights should be considered (...)
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  49. Manuel Toscano (2011). Human Dignity as High Moral Status. Les Ateliers de l'Éthique / the Ethics Forum 6 (2):4-25.
    In this paper I argue that the idea of human dignity has a precise and philosophically relevant sense. Following recent works,we can find some important clues in the long history of the term.Traditionally, dignity conveys the idea of a high and honourable position in a hierarchical order, either in society or in nature. At first glance, nothing may seem more contrary to the contemporary conception of human dignity, especially in regard to human rights.However,an account of dignity as high rank provides (...)
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  50. Makoto Usami (2001). Retroactive Justice: Trials for Human Rights Violations Under a Prior Regime. In Burton M. Leiser & Tom D. Campbell (eds.), Human Rights in Philosophy and Practice. Ashgate. 423--442.
    In the transition from a repressive to a democratic society, the successor government faces the problem of how to deal with grave human rights violations such as killings and torture committed under its predecessor. This paper analyzes the dilemma a new government may encounter when it attempts to prosecute and punish those found responsible. On one hand, trials of chargeable officers may be able to prevent human rights abuses in the future and to facilitate instituting or restoring democracy. On the (...)
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