Rights

Edited by Tom Dougherty (University of North Carolina, Chapel Hill)
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Subcategories
Legal Rights (173)
Rights, Misc (264)
History/traditions: Rights

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  1. Well-run zoos do not violate animals' rights.John Ironmonger - 2006 - In William Dudley (ed.), Animal rights. Thomson Gale.
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  2. Zoos violate animals' rights.People for the Ethical Treatment of Animals - 2006 - In William Dudley (ed.), Animal rights. Thomson Gale.
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  3. The goals of animal rights organizations are reasonable.Kathy Guillermo - 2006 - In William Dudley (ed.), Animal rights. Thomson Gale.
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  4. The goals of animal rights organizations are radical.Animal Scamcom - 2006 - In William Dudley (ed.), Animal rights. Thomson Gale.
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  5. Pets should have some rights.Lawrence Carter-Long - 2006 - In William Dudley (ed.), Animal rights. Thomson Gale.
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  6. Animals should be entitled to rights.Animal Legal Defense Fund - 2006 - In William Dudley (ed.), Animal rights. Thomson Gale.
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  7. Animals are not entitled to rights.Edwin A. Locke - 2006 - In William Dudley (ed.), Animal rights. Thomson Gale.
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  8. Animal rights.William Dudley (ed.) - 2006 - Detroit, [Mich.]: Thomson Gale.
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  9. ‘Forgive Us Our Trespasses’: The Critical Role, Responsibility and Rights of Ethics in Confronting the Enlightenment's Pride and Prejudice.Stacey M. Floyd-Thomas - 2024 - Studies in Christian Ethics 37 (1):54-65.
    While postmodernists have claimed that the failure of the Enlightenment was a failure of philosophical courage, this plenary address explores how its greatest shortcoming actually was its hubris. Paying attention to how Western scholars have centered pride in their elitist purview was their ultimate worldview, this article examines ‘pride’ as the doctrinal dimension of the good life in contemporary Western society and culture. Furthermore, it implores postmodern Christian social ethicists to reform their stewardship to the telos of the field's highest (...)
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  10. The Civil Case for Civil Rights.Louis Brown - 2023 - The National Catholic Bioethics Quarterly 23 (3):395-407.
    Louis Brown discusses the mission of sharing the healing love of Christ, particularly in health care. He investigates how doing so requires that we respect the rights to life, conscience, and religious freedom as the foundations for human dignity in our health care system.
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  11. A Transactional Theory of Rights.Simon Https://Orcidorg Ewers - unknown
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  12. Virtues, Rights, or Consequences? Mapping the Way for Conceptual Ethics.Matthieu Queloz - forthcoming - Studia Philosophica.
    Are there virtues that constitutively involve using certain concepts? Does it make sense to speak of rights or duties to use certain concepts? And do consequentialist approaches to concepts necessarily have to reproduce the difficulties that plague utilitarianism? These are fundamental orientating questions for the emerging field of conceptual ethics, which invites us to reflect critically about which concepts to use. In this article, I map out and explore the ways in which conceptual ethics might take its cue from virtue-ethical, (...)
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  13. History, Knowledge, and Organization: Beyond Animal Rights Vanguardism.Nico Dario Müller - 2024 - Politics and Animals 10:1-14.
    This paper identifies an overlooked but widespread philosophical view in the animal rights movement, Animal Rights Vanguardism. This is the view that (1) the arc of history, by way of ever-increasing moral awareness, bends towards animal liberation,(2) animal rights activists are aware of the moral truth when it comes to human-animal relations thanks to a moral-epistemic privilege, and (3) the primary moral imperative for animal rights activists is to increase the moral awareness of the masses. The paper then makes four (...)
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  14. Enabling children to learn from religions whilst respecting their rights: against monopolies of influence.Anca Gheaus - 2024 - Journal of Philosophy of Education 58 (1):120-127.
    John Tillson argues, on grounds of children’s well-being, that it is impermissible to teach them religious views. I defend a practice of pluralistically advocating religious views to children. As long as there are no monopolies of influence over children, and as long as advocates do not use coercion, deceit, or manipulation, children can greatly benefit without having their rational abilities subverted, or incurring undue risk to form false beliefs. This solution should counter, to some extent, both perfectionist and antiperfectionist reasons (...)
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  15. The Rights of Women: Reclaiming a Lost Vision by Erika Bachiochi (review).Angela Knobel - 2023 - Nova et Vetera 21 (2):742-744.
    In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Rights of Women: Reclaiming a Lost Vision by Erika BachiochiAngela KnobelThe Rights of Women: Reclaiming a Lost Vision by Erika Bachiochi (Notre Dame, IN: University of Notre Dame Press, 2021), 422 pp.Erika Bachiochi's The Rights of Women is animated by a clear vision: a vision of men and women as possessors of the same nature and engaged in the same shared enterprise. Men and women possess the (...)
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  16. The Declaration of Independence: Inalienable Rights, the Creator, and the Political Order.Christopher Kaczor - 2023 - Nova et Vetera 21 (1):249-274.
    In lieu of an abstract, here is a brief excerpt of the content:The Declaration of Independence:Inalienable Rights, the Creator, and the Political OrderChristopher KaczorPierre Manent puts his finger on numerous problems that arise from an emphasis on human rights that is detached from any consideration of human nature, the Creator, or the traditions that inform human practice. In his book Natural Law and Human Rights: Towards a Recovery of Practical Wisdom, Manent writes: "Let us dwell a moment on the proposition (...)
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  17. Narot, Copyrighted, All Rights Reserved: On the Tension between Music Copyright and Religious Authority.John T. Giordano - 2017 - Fourth Princess Galyani Vadhana International Symposium August 30Th- September 1St.
    This essay investigates the tensions between traditional music and its modern codification as intellectual property. It will begin by considering the myths concerning the divine source of music. In traditional music and in folk music, music is closely connected to religious ritual. In these rituals the source of the music is recognized and attributed to certain deities. For instance, in Thai traditional music, the Wai Khru ceremony venerates the Duriyathep or devatas drawn from Indian mythology: Phra Visawakarm, Phra Panjasinghkorn, and (...)
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  18. COVID-19 vaccines, sexual reproductive health and rights: Negotiating sensitive terrain in Zimbabwe.Molly Manyonganise - 2024 - Inkanyiso 16 (1):1-7.
    The COVID-19 period caused a lot of suffering globally, as millions lost their lives while others went through the pain of being infected. The introduction of vaccines to minimise chances of infection and death was a welcome development. However, it was also fraught with its own challenges in the area of sexual health and rights of both women and men. Scholarship on gender and religion noted the way women failed to access contraception in a period in which sexual activity had (...)
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  19. From moral rights to legal rights? Lessons from healthcare contexts.Michael Da Silva - 2024 - Developing World Bioethics 24 (1):21-30.
    Many believe the existence of a moral right to some good should lead to recognition of a corresponding legal right to that good. If, for instance, there is a moral right to healthcare, it is natural to believe countries should recognize a legal right to healthcare. This article demonstrates that justifying legal rights to healthcare is more difficult than many assume. The existence of a moral right is insufficient to justify recognition of a corresponding justiciable constitutional right. Further conditions on (...)
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  20. Women’s Misery and Women’s Rights in International Law and Literature: Wollstonecraft, Malthus, Bentham, and Shelley.Eileen M. Hunt - 2024 - In Benjamin Bourcier & Mikko Jakonen (eds.), British Modern International Thought in the Making: Politics and Economy from Hobbes to Bentham. Springer Verlag. pp. 281-306.
    In this chapter, Eileen M. Hunt reveals new intellectual ties between Bentham and Benthamite thought and the political ideals of Wollstonecraft and Shelley, who theorized the relationship between women’s misery and women’s rights in British international thought from the end of the eighteenth century through the first few decades of the nineteenth century. Hunt argues that Wollstonecraft’s political ideas influenced her daughter Mary Shelley, leading her to develop a critique of Malthusian and Benthamite views on misery and population control that (...)
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  21. Religious Conflicts, Public Policy, and Moral Authority: Reflections on Christian Faith and Homosexual Rights in a Plural Society.Hendrik Hart - 2006 - In James Olthuis & Canadian Corporation for Studies in Religion (eds.), Towards an Ethics of Community: Negotiations of Difference in a Pluralist Society. Wilfrid Laurier Press. pp. 91-126.
  22. Medical Sanctions Against Russia: Arresting Aggression or Abrogating Healthcare Rights?Michael L. Gross - forthcoming - American Journal of Bioethics:1-14.
    Since 2022, the EU, US, and other nations have imposed medical sanctions on Russia to block the export of pharmaceuticals and medical devices and curtail clinical trials to degrade Russia’s military capabilities. While international law proscribes sanctions that cause a humanitarian crisis, an outcome averted in Russia, the military effects of medical sanctions have been lean. Strengthening medical sanctions risks violating noncombatant and combatant rights to healthcare. Each group’s claim is different. Noncombatants and severely injured soldiers who cannot return to (...)
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  23. What Do Rights Have to Do with It?Eric Scarffe & Amber Polk - 2024 - American Journal of Bioethics 24 (3):31-33.
    Rising temperatures, increased frequency and intensity of storms, and other extreme climate events clearly indicate that we are living in an era of dramatic climate change. The impacts of pollution...
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  24. Self‐defense, claim‐rights, and guns.Chetan Cetty - 2024 - The Philosphical Forum 55 (1):27-46.
    The right to self‐defense has played a major role in objections to gun regulation. Many contend that gun regulations threaten this right. While much philosophical discussion has focused on the relation between guns and this right, less attention has been paid to the argument for the right of self‐defense itself. In this article, I examine this argument. Gunrights defenders contend that the right of self‐defense is needed to explain why interferences in self‐defense are wrong. I propose an alternative explanation for (...)
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  25. Global Encyclopedia of Territorial Rights.Kevin W. Gray (ed.) - 2023 - Springer.
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  26. Social egg freezing and reproductive rights justification: A perspective from China.Zhaochen Wang, Yuzhi Fan & Wenchen Shao - forthcoming - Bioethics.
    Divergences and controversies are inevitable in the discussion of freedoms and rights, especially in the matter of reproduction. The Chinese first social egg freezing lawsuit raises the question: is the freedom to freeze eggs for social reasons justified because it is an instance of reproductive rights? This paper accepts social egg freezing as desirable reproductive freedom, but following Harel's approach and considering two theories of rights, the choice and interest theories of rights, we argue that social egg freezing is not (...)
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  27. Rights and Wrongs in Talk of Mind-Reading Technology.Stephen Rainey - forthcoming - Cambridge Quarterly of Healthcare Ethics:1-11.
    This article examines the idea of mind-reading technology by focusing on an interesting case of applying a large language model (LLM) to brain data. On the face of it, experimental results appear to show that it is possible to reconstruct mental contents directly from brain data by processing via a chatGPT-like LLM. However, the author argues that this apparent conclusion is not warranted. Through examining how LLMs work, it is shown that they are importantly different from natural language. The former (...)
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  28. How to Read a Riot.Ricky Mouser - 2024 - Journal of Ethics and Social Philosophy 26 (3).
    How should we think about public rioting for political ends? Might it ever be more than morally excusable behavior? In this essay, I show how political rioting can sometimes be positively morally justified as an intermediate defensive harm in between civilly disobedient protest and political revolution. I do so by reading political rioters as, at the same time, uncivil and ultimately conciliatory with their state. Unlike civilly disobedient protestors, political rioters express a lack of faith in the value or applicability (...)
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  29. Alternative Dispute Resolution Rules in the Rural Land Laws of Ethiopia from Access to Justice and Women’s Land Rights’ Lens.Abebaw Abebe Belay - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-13.
    Land is a constitutional issue in Ethiopia. Article 40 of the FDRE constitution enshrines governing provisions about rural and urban land. Legislation power is given to the federal government (Article 51(5) of the constitution) although this power can be delegated to regions (Article 50(9) of the same constitution). In contrast, administration power is allocated to regions (Article 52 (2(d)) of the constitution). The federal government has enacted the Rural Land Administration and Use Proclamation 456/2005. Both federal and regional land laws (...)
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  30. Rights, Values, (the) Meaning in/of Life and Socrates’s ‘How Should One Live?’: A Rationally-Unquestionable Interpretation.Kym Farrand - manuscript
    This paper expands on another which focussed on Socrates’s question: ‘How should one live?’. The present paper also focusses on the ‘meaning of life’ and ‘meaning in life’ issues, and more on rights. To fully rationally answer Socrates’s question, we need to answer the epistemic question: ‘How can one know how one should live?’. This paper attempts to answer both. And knowing how one should live fundamentally involves knowing what values one should live by. This includes which rights one should (...)
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  31. Group Rights, Gender Justice, and Women’s Self-Help Groups: Exit, Voice, and Loyalty in an Indigenous Community in India.Naila Kabeer, Nivedita Narain, Varnica Arora & Vinitika Lal - 2023 - Social Philosophy and Policy 40 (1):103-128.
    This essay addresses tensions within political philosophy between group rights, which allow historically marginalized communities some self-governance in determining its own rules and norms, and the rights of marginalized subgroups, such as women, within these communities. Community norms frequently uphold patriarchal structures that define women as inferior to men, assign them a subordinate status within the community, and cut them off from the individual rights enjoyed by women in other sections of society. As feminists point out, the capacity for voice (...)
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  32. Confucian Meritocratic Democracy over Democracy for Minority Interests and Rights.John J. Park - 2024 - Dao: A Journal of Comparative Philosophy 23 (1):25-38.
    In Western political philosophy, democracy is generally the dominant view regarding what the best form of government is, and this holds even in respect to promoting minority rights. However, I argue that there is a better theory for satisfying minority interests and rights. I amass numerous studies from the social sciences demonstrating how democracy does poorly in accounting for minority interests. I then contend that a particular hybrid view that fuses a meritocracy with democracy can do a better job than (...)
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  33. Dobbs and Rights during Ongoing Pregnancy: Connecting the Dots.Lisa Harris - 2024 - American Journal of Bioethics 24 (2):39-41.
    Minkoff, Vullikanti, and Marshall (2024) warn that the U.S. Supreme Court’s Dobbs decision, which overturned Roe v Wade and Planned Parenthood v Casey, did more than eliminate a nationwide right to...
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  34. When the Right to Abortion is Banned, Can Pregnant Patients Count on Having Any Rights?Lynn M. Paltrow - 2024 - American Journal of Bioethics 24 (2):28-31.
    Perhaps I am wrong to take this article personally, but when the authors refer to Cassandras “voicing concern about a post-Roe degradation of pregnant persons’ right to chart their own medical cour...
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  35. Duty of Care toward Fetuses and the Limits of Maternal Rights to Refusal.Victor Chidi Wolemonwu - 2024 - American Journal of Bioethics 24 (2):66-68.
    Anti-abortion proponents argue that a fetus holds the status of a person akin to healthy adult human beings. The fetus possesses inherent dignity and a fundamental right to life, which must be resp...
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  36. The Right to Refusal of Unwanted End-of-Life Interventions for Pregnant Persons: Additional Challenges to Reproductive Rights Post-Roe.Hannah Carpenter & Bryanna Moore - 2024 - American Journal of Bioethics 24 (2):61-63.
    In their article, ‘The Two Front War on Reproductive Rights,’ Minkoff, Vullikanti, and Marshall (2024) highlight the challenges faced by pregnant persons following the overturn of Roe v. Wade (Dobb...
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  37. The Tip of the Iceberg—Obstetrical Management and Pregnancy Rights.Barbara Katz Rothman - 2024 - American Journal of Bioethics 24 (2):21-22.
    As Minkoff, Vullikanti, and Marshall (2024) note, pregnancy has long been the basis for dismissal of individual rights. It is important to note that Roe did not grant full bodily autonomy to the ge...
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  38. Patient Agency without Provider Agony: The Need to Address Clinician Moral Distress in Advancing the Rights of Pregnant Persons.Clare Whitney & Jesse Wool - 2024 - American Journal of Bioethics 24 (2):64-66.
    Minkoff, Vullikanit, and Marshall (2024) have advanced critical dialogue about the agency of pregnant persons, highlighting serious issues about the erosion of reproductive rights and the fall of R...
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  39. The Two Front War on Reproductive Rights—When the Right to Abortion is Banned, Can the Right to Refuse Obstetrical Interventions Be Far behind?Howard Minkoff, Raaga Unmesha Vullikanti & Mary Faith Marshall - 2023 - American Journal of Bioethics 24 (2):11-20.
    The loss of the federally protected constitutional right to an abortion is a threat to the already tenuous autonomy of pregnant people, and may augur future challenges to their right to refuse unwanted obstetric interventions. Even before Roe’s demise, pregnancy led to constraints on autonomy evidenced by clinician-led legal incursions against patients who refused obstetric interventions. In Dobbs v. Jackson Women’s Health Organization, the Supreme Court found that the right to liberty espoused in the Constitution does not extend to a (...)
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  40. Reply to the Comments on Epistemic Ambitions of the Criminal Trial: Truth, Proof and Rights.Sarah Jane Summers - unknown
    This article sets out to reply to the comments by Antony Duff, Sabine Gless, John Jackson and Thomas Weigend on my article «Epistemic Ambitions of the Criminal Trial». It begins by examining the various positions of the commentators to the question of the aim(s) of the criminal trial before going on to consider the limits of instrumentalist and proceduralist approaches and to re-examine the right-based conception of trials. It concludes by considering the implications of this account of criminal trials.
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  41. Populism: A threat to democracy and minority rights in Nigeria.Michael Chugozie Anyaehie, Anthony Chimamkpam Ojimba & Sebastian Okechukwu Onah - 2023 - Filosofia Theoretica: Journal of African Philosophy, Culture and Religions 12 (3):17-28.
    The stability of any nation depends on the harmonious integration of all its citizens. Constitutional democracy, through the rule of law, aspires to inclusive government. But populism emphasizes the sovereignty of the people, places it above the rule of law and equates the people with the majority, excluding the minority. This exposes the nation to majority tyranny, abuse of power and exclusion of some segments of the populace in governance, thereby, raising issues of legitimacy, the polarization of the population and (...)
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  42. Create vs. Toil: A New Concept of Work.Plitman Alina - unknown
    The concept of work that we use today does not describe or explain the modern working format. This outdated concept makes it impossible to approach such a solution as universal basic income (UBI). Exploring the pairs of terms that describe the concept of work in several languages, we discover two distinct semantic levels of the concept of work — the toi ling and the creating concepts. The phenomenon of work occurs in two areas and on two levels — as a (...)
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  43. pt. IV. Prenatal diagnosis and abortion. One principle and three fallacies of disability studies / John Harris ; Prenatal diagnosis and selective abortion: a challenge to practice and policy / Adrienne Asch ; The disability rights critique of prenatal genetic testing: reflections and recommendations / Erik Parens and Adrienne Asch ; Abortion, autonomy and prenatal diagnosis / Emily Jackson ; Abortion and the law: questions for feminism. [REVIEW]Nivedita Menon - 2004 - In Belinda Bennett (ed.), Abortion. Ashgate/Dartmouth.
  44. pt. II. Regulating abortion: international perspectives. The criminal sanction as it relates to human reproduction: the genesis of the statutory prohibition of abortion / Shelley Gavigan ; Abortion laws: comparative and feminist perspectives in Australia, England and the United States / Kerry Petersen ; Unenumerated rights: whether and how Roe should be overruled / Ronald Dworkin ; Member state sovereignty and women's reproductive rights: the European Union's response / Peta-Gaye Miller ; Making abortions safe: a matter of good public health policy and practice / Marge Berer ; The problem of coerced abortion in China and related ethical issues. [REVIEW]Jing-Bao Nie - 2004 - In Belinda Bennett (ed.), Abortion. Ashgate/Dartmouth.
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  45. pt. I. Personhood, prenatal life and reproductive rights. Is there a 'new ethics of abortion'? / Raanan Gillon ; A defense of abortion / Judith Jarvis Thomson ; The rights and wrongs of abortion: a reply to Judith Thomson / John Finnis ; A defense of 'A defense of abortion': on the responsibility objection to Thomson's argument / David Boonin ; Thomson's violinist and conjoined twins / Kenneth Einar Himma ; The moral significance of birth / Mary Anne Warren ; Abortion and embodiment / Catriona Mackenzie ; Fetal images: the power of visual culture in the politics of reproduction / Rosalind Pollack Petchesky ; More than 'a woman's right to choose'? / Susan Himmelweit ; Reflections on sex equality under law / Catherine A. MacKinnon ; Prenatal invasions and interventions: what's wrong with fetal rights. [REVIEW]Janet Gallagher - 2004 - In Belinda Bennett (ed.), Abortion. Ashgate/Dartmouth.
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  46. Oxford Handbook of Economic and Social Rights.Malcolm Langford (ed.) - 2024 - Oxford University Press.
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  47. Moral Grounds for Economic and Social Rights.James Nickel - 2024 - In Malcolm Langford (ed.), Oxford Handbook of Economic and Social Rights. Oxford: Oxford University Press.
    This chapter considers possible moral grounds for recognizing and realizing economic and social rights (ESRs) as human rights. It begins by suggesting that ESRs fall into three families: (1) welfareoriented ESRs, which protect adequate income, education, health, and safe and healthful working conditions; (2) freedom-oriented ESRs, which prohibit slavery, ensure free choice of employment, and protect workers’ freedoms to organize and strike: and (3) fairness-oriented ESRs, which require nondiscrimination and equal opportunity in the workplace along with fair remuneration for one’s (...)
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  48. Rights, Conflicts, and the Mechanics of Claims.Thomas Sinclair - forthcoming - Journal of Moral Philosophy:1-20.
    There is a distinction between two different ways in which people’s interests might figure as inputs into the reasoning that determines verdicts of moral permissibility and impermissibility. Their interests may receive a certain priority in that reasoning, as for example the interests of the people whose lives are at stake in the famous Bystander example should. Or they may not, as for example the interests in spectacle that people watching on the sidelines might have should not. A theory of rights (...)
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  49. Linkage Arguments for and Against Rights".James Nickel - 2022 - Oxford Journal of Legal Studies 42 (1):27-47.
    This article is about relations of support and conflict within systems of fundamental legal rights—and the arguments for and against rights that those relations make possible. Justificatory linkage arguments defend controversial rights by claiming that they provide very useful support to the realisation of well-accepted rights. This article analyses such arguments in detail and discusses their structures, uses and pitfalls. It then shows that linkage arguments can be used not just to defend rights, but also to attack them. When rights (...)
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  50. Colonialism and Territorial Rights.Benjamin Ferguson - 2022 - In Matt Zwolinski & Benjamin Ferguson (eds.), The Routledge Companion to Libertarianism. Routledge. pp. 401-413.
    A common understanding of what was wrong with colonialism was that it involved the theft of land and resources from indigenous peoples, accompanied in most cases by flagrant violations of rights to their bodily integrity. It is therefore natural to assume that libertarianism is theoretically well equipped to account for these wrongs. In this chapter I argue that although this assumption about libertarianism’s ability to condemn colonialism is correct, the path to this verdict is not as straightforward as it might (...)
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