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  1. 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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  2. 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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  3. 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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  4. Jason Brennan (2011). The Right to a Competent Electorate. Philosophical Quarterly 61 (245):700-724.
    The practice of unrestricted universal suffrage is unjust. Citizens have a right that any political power held over them should be exercised by competent people in a competent way. Universal suffrage violates this right. To satisfy this right, universal suffrage in most cases must be replaced by a moderate epistocracy, in which suffrage is restricted to citizens of sufficient political competence. Epistocracy itself seems to fall foul of the qualified acceptability requirement, that political power must be distributed in ways against (...)
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  5. Corey Brettschneider (2010). When the State Speaks, What Should It Say? The Dilemmas of Freedom of Expression and Democratic Persuasion. Perspectives on Politics 8 (4):1005-1019.
    Hate groups are often thought to reveal a paradox in liberal thinking. On the one hand, such groups challenge the very foundations of liberal thought, including core values of equality and freedom. On the other hand, these same values underlie the rights such as freedom of expression and association that protect hate groups. Thus a liberal democratic state that extends those protections to such groups in the name of value neutrality and freedom of expression may be thought to be undermining (...)
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  6. Corey Brettschneider (2006). The Value Theory of Democracy. Politics, Philosophy and Economics 5 (3):259-278.
    Liberal political theorists often argue that justice requires limits on policy outcomes, limits delineated by substantive rights. Distinct from this project is a body of literature dedicated to elaborating on the meaning of democracy in procedural terms. In this article, I offer an alternative to the traditional divide between procedural theories of democracy and substantive theories of justice; I call this the ‘value theory of democracy’. I argue that the democratic ideal is fundamentally about a core set of values (political (...)
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  7. Yvonne Chiu (2010). Uniform Exceptions and Rights Violations. Social Theory and Practice 36 (1):44-77.
    Non-uniformed combat morally infringes on civilians’ fundamental right to immunity and exacts an impermissible form of unofficial conscription that is morally prohibited even if the civilians knowingly consent to it. It is often argued that revolutionary groups burdened by resource disparities relative to the state or who claim alternative sources of political legitimacy (such as national self-determination or the constitution of a political collective) are justified in using unconventional tactics such as non-uniformed combat. Neither those reasons nor the provision of (...)
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  8. 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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  9. Shulman George (1996). American Political Culture, Prophetic Narration, and Toni Morrison" S Beloved. Political Theory 24 (2).
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  10. Ori J. Herstein (2013). A Legal Right to Do Legal Wrong. Oxford Journal of Legal Studies (1):gqt022.
    The literature, as are the intuitions of many, is sceptical as to the coherence of ‘legal rights to do legal wrong’. A right to do wrong is a right against interference with wrongdoing. A legal right to do legal wrong is, therefore, a right against legal enforcement of legal duty. It is, in other words, a right that shields the right holder’s legal wrongdoing. The sceptics notwithstanding, the category of ‘legal right to do legal wrong’ coheres with the concepts of (...)
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  11. Nancy J. Hirschmann (1999). Difference as an Occasion for Rights: A Feminist Rethinking of Rights, Liberalism, and Difference. Critical Review of International Social and Political Philosophy 2 (1):27-55.
  12. Leonard Kahn (2012). The Objection From Justice and the Conceptual/Substantive Distinction. In , Mill on Justice. Palgrave Macmillan. 198.
    I begin this chapter by outlining Mill's thinking about why justice is a problem for utilitarians. Next, I turn to Mill's own account of justice and explain its connection with rights, perfect duties, and harms. I then examine David Lyons' answer to the question of how Mill's account is meant to answer the Weak Objection from Justice. Lyons maintains that Mill's account of justice has both a conceptual side and a substantive side. The former provides an analysis of such concepts (...)
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  13. Leonard Kahn (ed.) (2012). Mill on Justice. Palgrave Macmillan.
  14. Will Kymlicka (2007). Minority Rights and the New International Politics of Diversity. Social Philosophy Today 23:13-55.
    This paper address the challenges that have emerged in the attempt to codify and enforce international standards of minority rights. Without offering any magic solutions for overcoming all of these difficulties, my aim is to more clearly identify the challenges they raise and the pitfalls ahead of us if we ignore them. These include conceptual confusions, moral dilemmas, unintended consequences, legal inconsistencies and political manipulation. The paper concludes with some ideas about how international minority rights might be institutionalized more successfully.
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  15. Hsin-wen Lee (2012). The Identity Argument for National Self-Determination. Public Affairs Quarterly 26 (2):123-139.
    http://paq.press.illinois.edu/26/2/lee.html A number of philosophers argue that the moral value of national identity is sufficient to justify at least a prima facie right of a national community to create its own independent, sovereign state. In the literature, this argument is commonly referred to as the identity argument. In this paper, I consider whether the identity argument successfully proves that a national group is entitled to a state of its own. To do so, I first explain three important steps in the (...)
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  16. Simon Căbulea May (2011). Symposium on Democratic Rights - Introduction. Representation 47 (1):1-7.
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  17. Martha Minow & Mary Lyndon Shanley (1996). Relational Rights and Responsibilities: Revisioning the Family in Liberal Political Theory and Law. Hypatia 11 (1):4 - 29.
    This article discusses three main orientations in recent works of legal and political theory about the family-contract-based, community-based, and rights-based-and argues that none of these takes adequate account of two paradoxical features of family life and of the family's relationship to the state. A coherent political and legal theory of the family in the contemporary United States requires recognition of the relational rights and responsibilities intrinsic to family life.
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  18. Martha Nussbaum (2003). The Complexity of Groups: A Comment on Jorge Valadez. Philosophy and Social Criticism 29 (1):57-69.
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  19. 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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  20. Uwe Steinhoff, McMahan, Symmetrical Defense and the Moral Equality of Combatants.
    McMahan’s own example of a symmetrical defense case, namely his tactical bomber example, opens the door wide open for soldiers to defend their fellow-citizens (on grounds of their special obligations towards them) even if as part of this defense they target non-liable soldiers. So the soldiers on both sides would be permitted to kill each other and, given how McMahan defines “justification,” they would also be justified in doing so and hence not be liable. Thus, we arrive, against McMahan’s intentions, (...)
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  21. 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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  22. Preston J. Werner (forthcoming). Self-Ownership and Non-Culpable Proviso Violations. Politics, Philosophy and Economics:1470594-13496754.
    Left and right libertarians alike are attracted to the thesis of self-ownership (SO) because, as Eric Mack says, they ‘believe that it best captures our common perception of the moral inviolability of persons’. Further, most libertarians, left and right, accept that some version of the Lockean Proviso (LP) restricts agents’ ability to acquire worldly resources. The inviolability of SO purports to make libertarianism more appealing than its (non-libertarian) egalitarian counterparts, since traditional egalitarian theories cannot straightforwardly explain why, e.g. forced organ (...)
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  23. John S. Wilkins (2010). The Role of Secularism in Protecting Religion. In Warren Bonett (ed.), The Australian Book of Atheism. Embiggen Books.
  24. Matt Zwolinski (2011). States of Nature. Journal of Value Inquiry 45 (1):27-36.
    Whatever else might be said about the Lockean and Hobbesian states of nature, it is widely believe that they are mutually incompatible. One or the other (or neither) is a correct way of thinking about the state of nature, but not both. This paper argues that this intuitively plausible claim is incorrect - if not as a matter of textual interpretation, then as a matter of analysis of the concepts that we have inherited from those texts. Not only does it (...)
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