24 found
Order:
  1.  27
    Rowan Cruft (2013). Why is It Disrespectful to Violate Rights? Proceedings of the Aristotelian Society 113 (2pt2):201-224.
    Violating a person's rights is disrespectful to that person. This is because it is disrespectful to someone to violate duties owed to that person. I call these ‘directed duties’; they are the flipside of rights. The aim of this paper is to consider why directed duties and respect are linked, and to highlight a puzzle about this linkage, a puzzle arising from the fact that many directed duties are justified independently of whether they do anything for those to whom they (...)
    Direct download (8 more)  
     
    Export citation  
     
    My bibliography   2 citations  
  2. Rowan Cruft (2004). Rights: Beyond Interest Theory and Will Theory? [REVIEW] Law and Philosophy 23 (4):347 - 397.
    It is common for philosophers and legal theorists to bemoan the proliferation of the language of rights in popular discourse.1 In a wide range of contemporary public political and ethical debates, disputants are quick to appeal to the existence of rights that support their position – the ‘human rights’ of innocent victims of war, animals’ noninterference rights, individuals’ and businesses’ rights to economic freedom. It is often maintained, with some plausibility, that these public disputes involve hasty and undefended reliance on (...)
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography   4 citations  
  3. Rowan Cruft (2006). Against Individualistic Justifications of Property Rights. Utilitas 18 (2):154-172.
    In this article I argue that, despite the views of such theorists as Locke, Hart and Raz, most of a person's property rights cannot be individualistically justified. Instead most property rights, if justified at all, must be justified on non-individualistic (e.g. consequentialist) grounds. This, I suggest, implies that most property rights cannot be morally fundamental ‘human rights’.
    Direct download (9 more)  
     
    Export citation  
     
    My bibliography   3 citations  
  4.  71
    Rowan Cruft (2010). On the Non-Instrumental Value of Basic Rights. Journal of Moral Philosophy 7 (4):441-461.
    Basic rights are often of great instrumental value in securing protection for important human needs and interests. The first two sections of this paper defend the thesis that basic rights are also valuable independently of their instrumental role. Taking my cue from Frances Kamm's suggestion that basic rights reflect or express human worth, in the third, fourth and fifth sections I develop the proposal that the non-instrumental value of basic rights derives from their constitutive role in a universal form of (...)
    Direct download (5 more)  
     
    Export citation  
     
    My bibliography   3 citations  
  5.  34
    Rowan Cruft (2005). Human Rights and Positive Duties. Ethics and International Affairs 19 (1):29–37.
    What kind of duties would we be subject to in a just global society where everyone fulfilled their duty and there was no significant risk of injustice? And what kind of duties do we face in a global society that falls short of the just society?
    Direct download (5 more)  
     
    Export citation  
     
    My bibliography   6 citations  
  6.  95
    Rowan Cruft (2010). Two Approaches to Human Rights. [REVIEW] Philosophical Quarterly 60 (238):176-182.
    Direct download (7 more)  
     
    Export citation  
     
    My bibliography  
  7.  54
    Rowan Cruft (2005). Human Rights, Individualism and Cultural Diversity. Critical Review of International Social and Political Philosophy 8 (3):265-287.
    Abstract Two features of human?rights discourse are often targeted for criticism: its universalism and its individualism. Both features, it is usually claimed, illegitimately overlook the significance of cultural diversity. In this essay I argue that individualism is incompatible with universalism and compatible with cultural diversity. Thus I defend the view that human rights are individualistically justified, and I argue that it follows from this that human rights are in an important sense non?universal. I go on to show how my non?universalist (...)
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  8.  25
    Rowan Cruft, Human Rights as Rights.
    This essay makes three suggestions: first, that it is attractive to conceive individualistic justification as one of the hallmarks - maybe even the one hallmark - of human rights; secondly, that combining this conception of human rights with standard worries about socioeconomic rights can tempt one to take the phrase "human rights" to refer to any individualistically justified weighty normative consideration (including considerations that are not rights); and thirdly, that reflections on the individuation of rights and rights' dynamic quality give (...)
    Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  9.  16
    Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.) (2011). Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press.
    This volume collects essays by leading criminal law theorists to explore the principal themes in his work.
    Direct download  
     
    Export citation  
     
    My bibliography   1 citation  
  10. Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.) (2011). Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press Uk.
    For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory.
    No categories
     
    Export citation  
     
    My bibliography   1 citation  
  11. Rowan Cruft (2013). Introduction. Ethics 123 (2):195-201.
    Direct download (2 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  12.  28
    Rowan Cruft (2010). Kamm and Miller on Rights' Compatibility. Ethical Theory and Moral Practice 13 (4):393 - 401.
    In their recent books, National Responsibility and Global Justice (2007) and Intricate Ethics (2007), David Miller and Frances Kamm give two similar arguments aimed at preventing their favoured accounts of the moral justification of rights from justifying an excess of demanding assistance rights. Both arguments appeal to the fact that a proliferation of assistance rights would conflict with other rights. In this paper, I show that these arguments fail. As Miller recognises in a footnote, the failure of such arguments appears (...)
    Direct download (6 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  13.  42
    Rowan Cruft (2006). Why Aren't Duties Rights? Philosophical Quarterly 56 (223):175-192.
    I do not answer my title’s question in this paper. Instead, my aims are first to show that the question is worth asking, secondly to show that its answer will not be trivial, and thirdly to show that it is unclear what the answer is. From these three conclusions it follows that many contemporary Hohfeldian approaches to the conceptual analysis of rights (including those of Sumner, Jones, Kramer, Wenar and myself)1, while potentially capable of extensional accuracy, overlook an essential but (...)
    Direct download (7 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  14.  33
    Rowan Cruft (2005). Against Equality of Opportunity. Philosophical Books 46 (1):59-65.
    Direct download (8 more)  
     
    Export citation  
     
    My bibliography  
  15.  13
    Rowan Cruft, Are Property Rights Ever Basic Human Rights?
    Stealing from someone is not as bad as torturing, killing or raping them. But is the difference between theft and these fundamental violations simply a difference in degree (of severity)? I begin this article by outlining several ways in which the moral grounds for property rights differ in kind from those for basic human rights, differences that underpin and explain the difference in severity. I go on to ask whether, despite these differences, there might be some property rights that we (...)
    Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  16.  10
    Rowan Cruft & Maksymilian Del Mar (2013). Introduction (Symposium on the Human Right to Subsistence). Journal of Applied Philosophy 30 (1):53-56.
  17.  13
    Rowan Cruft (2008). Liberalism and the Changing Character of the Criminal Law: Response to Ashworth and Zedner. [REVIEW] Criminal Law and Philosophy 2 (1):59-65.
  18.  1
    Rowan Cruft (2015). Human Rights Law Without Natural Moral Rights. Ethics and International Affairs 29 (2):223-232.
    Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  19.  1
    Rowan Cruft & Maksymilian Del Mar (2013). Introduction (Symposium on the Human Right to Subsistence). Journal of Applied Philosophy 30 (1):53-56.
    Direct download (5 more)  
     
    Export citation  
     
    My bibliography  
  20. Rowan Cruft (2010). Kamm and Miller on Rights’ Compatibility. Ethical Theory and Moral Practice 13 (4):393-401.
    Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  21. Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.) (2015). Philosophical Foundations of Human Rights. Oxford University Press Uk.
    What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focusses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. 'Secondly, it looks at the implications that different moral perspectives (...)
    No categories
     
    Export citation  
     
    My bibliography  
  22. Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.) (2015). Philosophical Foundations of Human Rights. Oxford University Press Uk.
    What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focuses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. Secondly, it looks at the implications that different moral perspectives (...)
    No categories
     
    Export citation  
     
    My bibliography  
  23. Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.) (2015). Philosophical Foundations of Human Rights. OUP Oxford.
    This book brings together a set of essays on the philosophical foundations of human rights, along with critical replies. It is the first comprehensive survey of the topic, comprising of research essays from academics in the fields of law, philosophy, international relations, social science and economics.
     
    Export citation  
     
    My bibliography  
  24. Mark R. Reiff & Rowan Cruft (2011). Antony Duff and the Philosophy of Punishment. In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. OUP Oxford
     
    Export citation  
     
    My bibliography