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Rights

Edited by Tom Dougherty (Cambridge University)
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History/traditions: Rights
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  1. Elisa Aaltola (2011). The Philosophy Behind the Movement: Animal Studies Vs. Animal Rights. Society and Animals 19 (4):393-406.
    Recently, many pro-animal thinkers have expressed critical views on the animal rights movement. In particular, the movement has been criticized for being philosophically uninformed, politically regressive, and practically unpersuasive. This paper investigates these criticisms and seeks to map out the philosophy behind the grassroots animal rights movement, specifically. It concludes that the criticism presented by animal studies scholars is often misplaced due to a lack of understanding of the philosophical notions within the movement, but that the critics are right to (...)
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  2. Phillip Abbott (1982). On Gutmann, "Moral Philosophy and Political Problems". Political Theory 10 (4):606-609.
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  3. Patricia Sánchez Abril & Anita Cava, Health Privacy in a Techno-Social World: A Cyber-Patient's Bill of Rights.
    Online social networking phenomenon has radically changed social interactions by allowing individuals to communicate and express themselves through information-rich digital identities. This model is currently being harnessed to manage healthcare interactions. An individual might create a profile that includes her medical information, history, test results, and future appointments. This would lend efficiency to the pursuit of quality healthcare but is replete with unresolved legal issues. This paper proposes a normative framework of rights and responsibilities of cyber-patients.
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  4. Matthew D. Adler (2002). Review of Matthew H. Kramer (Ed.), Rights, Wrongs and Responsibilities. [REVIEW] Notre Dame Philosophical Reviews 2002 (9).
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  5. Joseph Agassi, Rights and Reason.
    is an unusual phenomenon. The concern with rights different citizens have in different societies is legal rather than philosophical. It is frequently somewhat a technical matter for jurisprudence to decide exactly what rights a citizen has in a given situation and how he might best exercise his rights. Often, to be sure, the legal technicalities involve matters of principle, and if so these should be made explicit. For this, too, there is a need less for philosophy and more for jurisprudence, (...)
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  6. Marcus Agnafors (2011). A Critical Comment on Collste. Public Health Ethics 4 (2):203-205.
    This article claims that the account of specification as a way to solve conflicts between rights, suggested by Göran Collste, is unsatisfactory. It is argued that specification is not a solution on its own, but is better described as a remedy in response to a political failure.
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  7. Henry David Aiken (1968). Rights, Human and Otherwise. The Monist 52 (4):502-520.
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  8. Linda Martín Alcoff (2004). Book Review: Drucilla Cornell. Just Cause: Freedom, Identity, and Rights. New York: Rowman and Littlefield, 2000. [REVIEW] Hypatia 19 (3):225-228.
  9. L. Alexander (1998). Are Procedural Rights Derivative Substantive Rights? Law and Philosophy 17 (1):19-42.
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  10. Robert Alexy (1992). Rights, Legal Reasoning and Rational Discourse. Ratio Juris 5 (2):143-152.
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  11. Amy Allen (2007). The Rights of Others: Aliens, Residents, and Citizens (Review). Hypatia 22 (2):200-204.
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  12. Amy Allen (2007). Book Review: The Rights of Others: Aliens, Residents, and Citizens by Seyla Benhabib. [REVIEW] Hypatia 22 (2):200-204.
  13. Karl Amerik (1993). O'Neill on Rights. Social Philosophy Today 8:51-61.
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  14. Abraham Anderson (1996). An Essay on Rights. Review of Metaphysics 49 (4):948-949.
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  15. Judith Andre (1987). Rights, Killing, and Suffering. Philosophical Studies 31:521-522.
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  16. William L. Andreen, The Evolving Contours of Water Law in the United States: Bridging the Gap Between Water Rights, Land Use and the Protection of the Aquatic Environment.
    Although Australia and the United States share a common law heritage, water law has developed in significantly different patterns in the two nations. Much of the credit for Australia's different course can be ascribed to Alfred Deakin, who after taking a study tour of the American West in 1885, wrote a report that rejected the doctrine of prior appropriation as used in the arid states of the American West and advocated a system in which the rights of the state were (...)
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  17. Edward Andrew (1988). Shylock's Rights a Grammar of Lockian Claims. Monograph Collection (Matt - Pseudo).
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  18. Kim Angell (2013). Do Insecure Property Rights Ground Rights of Jurisdiction? Miller on Territorial Justice. Res Publica 19 (2):183-192.
    A prominent approach in the debate on territorial rights claims that a group may have jurisdictional rights over a particular land if that land has become a repository of value for the group. This justification relies on a premise which has remained largely unsubstantiated, namely that having jurisdictional rights should be our preferred means for ensuring the group’s retaining of the land’s embedded value. This article discusses a recent attempt to fill this gap. David Miller acknowledges that the value could (...)
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  19. Stephen C. Angle (1998). Did Someone Say "Rights"? Liu Shipei's Concept of Quanli. Philosophy East and West 48 (4):623-651.
    It is argued that "quanli" meant something different from the "rights" that it purports to translate in the writings of Liu Shipei (1884-1919). This does not mean that "quanli," as Liu used it, has no overlap with any of the meanings of "rights." But it can be argued that these overlaps are in a crucial sense coincidental, since the notion of "quanli" in Liu's major works represents a growth out of, rather than an imposition on, the Confucian tradition. In general, (...)
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  20. Peder Anker (2004). A Vindication of the Rights of Brutes. Philosophy and Geography 7 (2):259 – 264.
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  21. Louise M. Antony (1996). Equal Rights for Swamp-Persons. Mind and Language 11 (1):70-75.
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  22. Arthur Isak Applbaum (1998). Are Violations of Rights Ever Right? Ethics 108 (2):340-366.
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  23. Ranhilio Callangan Aquino (2009). The Dialectics of Power, Rights, and Responsibility. Kritike: An Online Journal of Philosophy 3 (1):1-9.
    It is not uncommon for a treatment of rights to be treatment against power with some concession to the responsibilities that a tutelary of rights enjoys. We owe it to legal philosophers of the Scholastic persuasion who recognized rights as the entitlements that allow a person to fulfill duties— whether these arise from nature or from contract. In this sense rights were subordinate to and enjoyed for the sake of duties that one had. One may debate this way of putting (...)
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  24. William D. Araiza, Constitutional Rules and Institutional Roles: The Fate of the Equal Protection Class of One and What It Means for Congressional Power to Enforce Constitutional Rights.
    This Article examines the Supreme Court’s recent “class-of-one” equal protection case, Engquist v. Oregon Department of Agriculture, where the Court held that the class-of-one equal protection theory did not apply in the government workplace. The Article concludes that Engquist reflects an implicit balancing of employees’ equal protection rights against the government’s legitimate interests in a flexible workplace and avoidance of litigation, with the Court imposing a categorical rule favoring the government’s side of the balance. This Article critiques this categorical balancing. (...)
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  25. Araujo (2009). Rights. International Philosophical Quarterly 49 (1):127-128.
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  26. Derek Araujo (1998). Defending the Rights of Unbelievers. Free Inquiry 18.
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  27. Robert John Araujo (2009). Rethinking Rights. International Philosophical Quarterly 49 (2):273-276.
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  28. David Archard (1996). The Age of Rights. [REVIEW] Radical Philosophy 80.
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  29. David Archard (1990). Child Abuse: Parental Rights and the Interests of the Child. Journal of Applied Philosophy 7 (2):183-194.
    I criticise the ‘liberal’view of the proper relationship between the family and State, namely that, although the interests of the child should be paramount, parents are entitled to rights of both privacy and autonomy which should be abrogated only when the child suffers a specifiable harm. I argue that the right to bear children is not absolute, and that it only grounds a right to rear upon an objectionable proprietarian picture of the child as owned by its producer. If natural (...)
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  30. Hannah Arendt (2009). The Decline of the Nation-State and the End of the Rights of Man. In Mark Goodale (ed.), Human Rights: An Anthropological Reader. Wiley-Blackwell.
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  31. Robert Armstrong (1977). The Right to Life. Journal of Social Philosophy 8 (1):13-19.
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  32. Richard J. Arneson (2005). The Shape of Lockean Rights: Fairness, Pareto, Moderation, and Consent. Social Philosophy and Policy 22 (1):255-285.
    In chapter four of Anarchy, State, and Utopia, Robert Nozick raised interesting questions about whether or not it is ever morally acceptable to act against what are agreed to be an individual's natural moral rights. The pursuit of these questions opens up issues concerning the specific content of these individual rights. This essay explores Nozick's questions by posing examples and using our considered responses to them to specify the shape of individual rights. The exploration provisionally concludes that a conception of (...)
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  33. Richard J. Arneson (2001). Against Rights. Noûs 35 (s1):172 - 201.
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  34. Dennis G. Arnold (2006). Employment and Employee Rights. Business Ethics Quarterly 16 (3):414-417.
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  35. Alcott Arthur (1985). ROBOTS, RIFs, and Rights. Journal of Business Ethics 4 (3):197 - 203.
    The increasing use of technological advances in business operations very often leads to the displacement of the employee whose skills become obsolete in light of such advances. There is no doubt that the interests of both company and employee are significantly affected by the implementation of laborsaving devices. Given that those interests are pursued in an environment which is usually, if not essentially, competitive, then there arises the serious question of what rights should be accorded the employee and the company (...)
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  36. Angie Ash (2010). Ethics and the Street-Level Bureaucrat: Implementing Policy to Protect Elders From Abuse. Ethics and Social Welfare 4 (2):201-209.
    As an independent researcher, registered social worker and erstwhile long-term, long-distance carer, the care of older people and protection of elders from abuse had been constant professional and personal foci for me for many years. Commissioned to review a case involving the serious abuse of an elder where official safeguarding procedures had not been used, I puzzled why this had been managed ?informally? by social services and partner agencies (i.e. outside adult safeguarding procedures), with vague unspecified ?monitoring? (AEA 2006). Why (...)
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  37. R. E. Ashcroft (2007). Who Should We Treat? Rights, Rationing and Resources in the NHS. Journal of Medical Ethics 33 (3):185-186.
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  38. R. E. Ashcroft (2005). Standing Up for the Medical Rights of Asylum Seekers. Journal of Medical Ethics 31 (3):125-126.
    When denial of medical treatment is being used as a lever to move people out of the country, ethicists and healthcare professionals should speak out.An ugly feature of political life throughout the Western world, and beyond, is the suspicion towards, and maltreatment of, migrants from poor to rich countries. People who would otherwise be horrified at being labelled racist nevertheless find it acceptable to support practices which can range from stigmatisation to confinement in brutalising conditions in “reception” and “removal” centres.1–5An (...)
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  39. Robert B. Ashmore (1987). Utility and Rights. Edited by R. G. Frey. Modern Schoolman 64 (2):122-124.
  40. Manuel Atienza & Juan Ruiz Manero (1996). Permissions, Principles and Rights. A Paper on Statements Expressing Constitutional Liberties. Ratio Juris 9 (3):236-247.
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  41. Wendy Atkins-Sayre (2010). Protection From Animal Rights Lunatics : The Center for Consumer Freedom and Animal Rights Rhetoric. In Greg Goodale & Jason Edward Black (eds.), Arguments About Animal Ethics. Lexington Books.
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  42. Daniel Attas (2000). The Case of Guest Workers: Exploitation, Citizenship and Economic Rights. Res Publica 6 (1):73--92.
    Working from a ``capitalist'''' theory of exploitation, based on a neo-classical account of economic value, I argue that guest workers are exploited. It may be objected, however, that since they are not citizens, any inequality that stems from their status as non-citizens is morally unobjectionable. Although host countries are under no moral obligation to admit guest workers as citizens, thereare independent reasons that call for the extension of economicrights – the freedom of occupation in particular – to guestworkers. Since the (...)
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  43. Harold W. Attridge (2009). Wolterstorff, Rights, Wrongs, and the Bible. Journal of Religious Ethics 37 (2):209-219.
    According to Wolterstorff, an accurate genealogy of rights begins, not with the late Middle Ages and the Enlightenment, but with the Hebrew and Christian Scriptures. The Gospel of Luke, Wolterstorff says, provides especially important witness, and he gives it considerable attention. Wolterstorff's careful analysis of Luke is both lexical and narratological. This paper argues that the lexical data of the Gospel of Luke does indeed lend some support to Wolterstorff's case. But the support is qualified since, in Luke, a critical (...)
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  44. Robert Audi (2005). Wrongs Within Rights. Philosophical Issues 15 (1):121–139.
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  45. Mark P. Aulisio, Thomas May & Geoffrey D. Block (2001). Procreation for Donation: The Moral and Political Permissibility of “Having a Child to Save a Child”. Cambridge Quarterly of Healthcare Ethics 10 (4):408-419.
    The crisis in donor organ and tissue supply is one of the most difficult challenges for transplant today. New policy initiatives, such as the driver's license option and requiredrequest, have been implemented in many states, with other initiatives, such as mandatedchoice and presumedconsent, proposed in the hopes of ameliorating this crisis. At the same time, traditional acquisition of organs from human cadavers has been augmented by living human donors, and nonheartbeating human donors, as well as experimental animal and artificial sources. (...)
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  46. Michael W. Austin (2007). Fundamental Interests and Parental Rights. International Philosophical Quarterly 47 (2):221-235.
    I argue for a moderate view of the justification and the extent of the moral rights of parents that avoids the extremes of both children’s liberationism and parental absolutism. I claim that parents have rights qua parents, and that these prima facie rights are grounded in certain fundamental interests that both parents and children possess, namely, psychological well-being, intimate relationships, and the freedom to pursue that which brings satisfaction and meaning to life. I also examine several issues related to public (...)
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  47. Michael W. Austin (2007). Fundamental Interests and Parental Rights. International Philosophical Quarterly 47 (2):221-235.
    I argue for a moderate view of the justification and the extent of the moral rights of parents that avoids the extremes of both children’s liberationism and parental absolutism. I claim that parents have rights qua parents, and that these prima facie rights are grounded in certain fundamental interests that both parents and children possess, namely, psychological well-being, intimate relationships, and the freedom to pursue that which brings satisfaction and meaning to life. I also examine several issues related to public (...)
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  48. Thomas Auxter (1979). The Right Not to Be Eaten. Inquiry 22 (1-4):221 – 230.
    The current debate over the rights of animals has not been wholly satisfactory. Those who believe that animals have no rights argue that it is not conceivable that creatures without human capabilities could possess rights. Those who defend the rights of animals argue that such claims are 'speciesist', resemble racist and sexist claims, and bear the marks of moral complacency. Both sides have assumed that the issue can ultimately be settled through an analysis of the concept of rights in isolation (...)
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  49. E. Aydin (2004). Rights of Patients in Developing Countries: The Case of Turkey. Journal of Medical Ethics 30 (6):555-557.
    Patient rights are universal values which we have to adopt. It is not so easy, however, to put such values and principles into effect. As approaches and attitudes differ from individual to individual, from society to society, and from country to country, a uniform application of these values is difficult. If we want to reach a general conclusion about the status of patient rights in the world as whole, we should examine the situation in individual countries. As far as Turkey (...)
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  50. Marco Antonio Oliveira de Azevedo (2010). Rights as Entitlements and Rights as Claims. Veritas: Revista de Filosofia da PUCRS 55 (1).
    Há pelo menos dois registros diferentes sobre o significado de “direitos”. Segundo um deles, os direitos são relações entre dois termos: uma pessoa e um bem; para o outro, os direitos são relações entre três termos: um indivíduo, uma pessoa e uma ação ou algo. Os registros são diferentes, mas não são totalmente incompatíveis. De acordo com a interpretação de direitos como entitlements, trata-se de direitos morais ou legais, ou seja, as relações de ordem moral ou jurídica das pessoas com (...)
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