Search results for 'right to jury trial' (try it on Scholar)

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  1.  37
    Thom Brooks (2004). The Right to Trial by Jury. Journal of Applied Philosophy 21 (2):197–212.
    This article offers a justification for the continued use of jury trials. I shall critically examine the ability of juries to render just verdicts, judicial impartiality, and judicial transparency. My contention is that the judicial system that best satisfies these values is most preferable. Of course, these three values are not the only factors relevant for consideration. Empirical evidence demonstrates that juries foster both democratic participation and public legitimation of legal decisions regarding the most serious cases. Nevertheless, juries are (...)
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  2.  4
    Robert A. Sedler, The Michigan Supreme Court Diminishes the Right to Trial by Jury in Civil Cases.
    In this paper, I have analyzed the right to trial by jury in civil cases as reflected in decisions of the Michigan Supreme Court over approximately a 20 year period dealing with three areas affecting the right to trial by jury in civil cases: (1) entitlement to a jury trial; (2) summary disposition; and (3) directed verdicts. The study was constructed to cover cases over a substantial period of time, so that it (...)
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  3.  8
    Peter Bachrach (1958). The Senate Debate on the Right to Jury Trial Versus the Right to Vote Controversy: A Case Study in Liberal Thought. Ethics 68 (3):210-216.
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  4.  8
    John F. Quinn (1993). The Right to Trial by Jury. Social Philosophy Today 8:91-101.
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  5.  18
    Richard L. Lippke (2008). To Waive or Not to Waive: The Right to Trial and Plea Bargaining. [REVIEW] Criminal Law and Philosophy 2 (2):181-199.
    Criminal defendants in many countries are faced with a dilemma: If they waive their right to trial and plead guilty, they typically receive charge or sentence reductions in exchange for having done so. If they exercise their right to trial and are found guilty, they often receive stiffer sanctions than if they had pled guilty. I characterize the former as ‘waiver rewards’ and the latter as ‘non-waiver penalties.’ After clarifying the two and considering the relation between (...)
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  6.  3
    Lijana Štarienė (2009). The Limits of the Use of Undercover Agents and the Right to a Fair Trial Under Article 6(1) of the European Convention on Human Rights. [REVIEW] Jurisprudence 117 (3):263-284.
    Various special investigative methods are more often applied nowadays; their use is unavoidably induced by today’s reality in combating organised crime in the spheres such as corruption, prostitution, drug trafficking, trafficking in persons, money counterfeit and etc. Therefore, special secret investigative methods are more often used and they are very effective in gathering evidence for the purpose of detecting and investigating very well-organised or latent crimes. Both the Convention on the Protection on Human Rights and Fundamental Freedoms itself, i.e. its (...)
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  7.  10
    Mirko Bagaric (2010). The Right to an Impartial Hearing Trumps the Social Imperative of Bringing Accused to Trial Even 'Down Under'. Criminal Law and Philosophy 4 (3):321-339.
    Accused persons who are subjected to a saturation level of negative media coverage may be denied an impartial hearing, which is perhaps the most important aspect of the right to a fair hearing. Despite this, the courts have generally held that the social imperative of prosecuting accused trumps the interests of the accused. The justification for an impartial hearing stems from the repugnance of convicting the innocent. Viewed dispassionately, this imperative is not absolute, given that every legal system condones (...)
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  8.  72
    Thom Brooks (2004). A Defence of Jury Nullification. Res Publica 10 (4):401-423.
    In both Great Britain and the United States there has been a growing debate about the modern acceptability of jury nullification. Properly understood, juries do not have any constitutional right to ignore the law, but they do have the power to do so nevertheless. Juries that nullify may be motivated by a variety of concerns: too harsh sentences, improper government action, racism, etc. In this article, I shall attempt to defend jury nullification on a number of grounds. (...)
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  9.  3
    Monique A. Spillman & Robert M. Sade (2007). Clinical Trials of Xenotransplantation: Waiver of the Right to Withdraw From a Clinical Trial Should Be Required. Journal of Law, Medicine & Ethics 35 (2):265-272.
    Xenotransplantation pits clinical research ethics against public health needs because recipients must undergo long-term, perhaps life-long, surveillance for infectious diseases. This surveillance requirement is effectively an abrogation of the right to withdraw from a clinical trial. Ulysses contracts, which are advance directives for future care, may be an ethical mechanism by which to balance public health needs against limitation of individual rights.
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  10. Monique A. Spillman & Robert M. Sade (2007). Clinical Trials of Xenotransplantation: Waiver of the Right to Withdraw From a Clinical Trial Should Be Required. Journal of Law, Medicine and Ethics 35 (2):265-272.
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  11.  10
    Mark R. Wicclair (1985). A Shield Privilege for Reporters V. The Administration of Justice and the Right to a Fair Trial. Business and Professional Ethics Journal 4 (2):1-14.
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  12.  20
    Robert P. Burns (2011). Why America Still Needs the Jury Trial: A Friendly Response to Professor Dzur. [REVIEW] Criminal Law and Philosophy 5 (1):93-95.
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  13.  1
    Mark R. Wicclair & Richard P. Cunningham (1985). A Shield Privilege for Reporters V. The Administration of Justice and the Right to a Fair Trial: Is There a Conflict? [With Commentary]. Business and Professional Ethics Journal 4 (2):1 - 17.
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  14. Patrick Grim (1978). The "Right" to a Fair Trial. Journal of Libertarian Studies 2 (2):115-129.
     
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  15. Deborah Kellie & Helen O'Sullivan (2003). Ethical or Amoral? Is an Unqualified Right to Silence at Trial Defensible From an Ethical Perspective. Legal Ethics 6 (1):73-84.
  16. Lidija Nedelkova, Xhemali Saiti & Shpend Devaja (2015). Normative And Practical Challenges Of The Republic Of Macedonia In The Application Of The Right To A Fair Trial Principle. Seeu Review 11 (1):18-27.
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  17. Mark Wicclair (1986). A Shield Right for Reporters Vs. The Administration of Justice and the Right to a Fair Trial: Is There a Conflict? Business and Professional Ethics Journal 4 (2).
     
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  18.  7
    Regina Valutytė (2012). State Liability for the Infringement of the Obligation to Refer for a Preliminary Ruling under the European Convention on Human Rights. Jurisprudence 19 (1):7-20.
    The article deals with the question whether a state might be held liable for the infringement of the European Convention on Human Rights if its national court of last instance fails to implement the obligation to make a reference for a preliminary ruling to the Court of Justice of the European Union under the conditions laid down in Article 267 of the Treaty on the Functioning of the European Union and developed in the case-law of the Court. (...)
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  19.  7
    Regina Valutytė (2012). Legal Consequences for the Infringement of the Obligation to Make a Reference for a Preliminary Ruling Under Constitutional Law. Jurisprudence 19 (3):1171-1186.
    The article deals with the question whether a state might be held liable for the infringement of constitutional law if its national court of last instance violates the obligation to make a reference for a preliminary ruling to the Court of Justice of the European Union under the conditions laid down in Article 267 of the Treaty on the Functioning of the European Union and developed in the case-law of the Court. Relying on the well-established practice of the European Court (...)
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  20.  32
    Hamish Stewart (2014). The Right to Be Presumed Innocent. Criminal Law and Philosophy 8 (2):407-420.
    The presumption of innocence has often been understood as a doctrine that can be explained primarily by instrumental concerns relating to accurate fact-finding in the criminal trial and that has few if any implications outside the trial itself. In this paper, I argue, in contrast, that in a liberal legal order everyone has a right to be presumed innocent simply in virtue of being a person. Every person has a right not to be subjected to criminal (...)
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  21. N. Bidad, L. MacDonald, Z. E. Winters, S. J. L. Edwards & R. Horne (2014). Views on the Right to Withdraw From Randomised Controlled Trials Assessing Quality of Life After Mastectomy and Breast Reconstruction (QUEST): Findings From the QUEST Perspectives Study (QPS). Research Ethics 10 (1):47-57.
    The purpose of this study is to examine the importance that real patients attach to their right to withdraw from an on-going feasibility randomised trial (RCT) evaluating types and timings of breast reconstruction (two parallel trials) following mastectomy for breast cancer. Our results show that, while some respondents appreciated that exercising the right to withdraw would defeat the scientific objective of the trial, some patients with a surgical preference consented only given the knowledge they could withdraw (...)
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  22.  51
    Ignacio Mastroleo (2015). Post‐Trial Obligations in the Declaration of Helsinki 2013: Classification, Reconstruction and Interpretation. Developing World Bioethics 15 (2).
    The general aim of this article is to give a critical interpretation of post-trial obligations towards individual research participants in the Declaration of Helsinki 2013. Transitioning research participants to the appropriate health care when a research study ends is a global problem. The publication of a new version of the Declaration of Helsinki is a great opportunity to discuss it. In my view, the Declaration of Helsinki 2013 identifies at least two clearly different types of post-trial obligations, specifically, (...)
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  23.  9
    S. Matthew Liao, Mark Sheehan & Steve Clarke (2009). The Duty to Disclose Adverse Clinical Trial Results. American Journal of Bioethics 9 (8):24-32.
    Participants in some clinical trials are at risk of being harmed and sometimes are seriously harmed as a result of not being provided with available, relevant risk information. We argue that this situation is unacceptable and that there is a moral duty to disclose all adverse clinical trial results to participants in clinical trials. This duty is grounded in the human right not to be placed at risk of harm without informed consent. We consider objections to disclosure grounded (...)
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  24.  17
    Mark Sheehan & Steve Clarke (2009). The Duty to Disclose Adverse Clinical Trial Results. American Journal of Bioethics 9 (8):24 - 32.
    Participants in some clinical trials are at risk of being harmed and sometimes are seriously harmed as a result of not being provided with available, relevant risk information. We argue that this situation is unacceptable and that there is a moral duty to disclose all adverse clinical trial results to participants in clinical trials. This duty is grounded in the human right not to be placed at risk of harm without informed consent. We consider objections to disclosure grounded (...)
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  25.  9
    M. Chahal (2010). Off-Trial Access to Experimental Cancer Agents for the Terminally Ill: Balancing the Needs of Individuals and Society. Journal of Medical Ethics 36 (6):367-370.
    The development of cancer therapies is a long and arduous process. Because it can take several years for a cancer agent to pass clinical testing and be approved for use, terminal cancer patients rarely have the time to see these experimental therapies become widely available. For most terminal cancer patients the only opportunity they have to access an experimental drug that could potentially improve their prognosis is by joining a clinical trial. Unfortunately, several aspects of clinical trial methodology (...)
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  26. Rosangela Barcaro (2001). The Right to Die Debate: A Survey. Global Bioethics 14 (1): 85-90.
    In the present article the concept of the right to die will be analyzed in English and American literature between 1990 and 1994.
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  27.  36
    Anca Gheaus (forthcoming). Is There a Right to Parent? Law, Ethics and Philosophy.
    A short paper discussing the question of whether adults' interest in parenting can play a role in justifying the right to rear children.
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  28.  2
    D. Meyerson (2015). The Moral Justification for the Right to Make Full Answer and Defence. Oxford Journal of Legal Studies 35 (2):237-265.
    Why is it unjust to condemn an accused unheard? This article argues that the opportunity to be heard in one’s own defence is an intrinsic element of a just trial. Defenders of this view typically argue that respect for dignity, in the Kantian sense of rational agency, is the source of the inherent value of participation. My argument is different. I emphasise the relational and symbolic dimensions of participation. I draw on research in social psychology that shows, first, that (...)
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  29.  11
    Noam Chomsky, His Right to Say It.
    In the fall of 1979, I was asked by Serge Thion, a libertarian socialist scholar with a record of opposition to all forms of totalitarianism, to sign a petition calling on authorities to insure Robert Faurisson's "safety and the free exercise of his legal rights." The petition said nothing about his "holocaust studies", apart from noting that they were the cause of "efforts to deprive Professor Faurisson of his freedom of speech and expression." It did not specify the steps taken (...)
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  30. Danny Frederick (2011). Confusion About the Right to Life. The Reasoner 5 (1):4-5.
    I defend the consistency of affirming the right to life while rejecting universal healthcare and liveable income programmes. I also defend the rationality of accepting inconsistency.
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  31.  39
    Thomas M. Besch (2015). On the Right to Justification and Discursive Respect. Dialogue 54 (4):703-726.
    Rainer Forst’s constructivism argues that a right to justification provides a reasonably non-rejectable foundation of justice. With an exemplary focus on his attempt to ground human rights, I argue that this right cannot provide such a foundation. To accord to others such a right is to include them in the scope of discursive respect. But it is reasonably contested whether we should accord to others equal discursive respect. It follows that Forst’s constructivism cannot ground human rights, (...)
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  32.  78
    C'Zar Bernstein, Timothy Hsiao & Matthew Palumbo (forthcoming). The Moral Right to Keep and Bear Firearms. Public Affairs Quarterly.
    The moral right to keep and bear arms is entailed by the moral right of self-defense. We argue that the ownership and use of firearms is a reasonable means of exercising these rights. Given their defensive value, there is a strong presumption in favor of enacting civil rights to keep and bear arms ranging from handguns to ‘assault rifles.’ Thus, states are morally obliged as a matter of justice to recognize basic liberties for firearm ownership and usage. Throughout (...)
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  33. Jason T. Eberl, Eleanor K. Kinney & Matthew J. Williams (2011). Foundation for a Natural Right to Health Care. Journal of Medicine and Philosophy 36 (6):537-557.
    Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies designed (...)
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  34.  10
    Ralph P. Hall, Barbara Van Koppen & Emily Van Houweling (2014). The Human Right to Water: The Importance of Domestic and Productive Water Rights. Science and Engineering Ethics 20 (4):849-868.
    The United Nations (UN) Universal Declaration of Human Rights engenders important state commitments to respect, fulfill, and protect a broad range of socio-economic rights. In 2010, a milestone was reached when the UN General Assembly recognized the human right to safe and clean drinking water and sanitation. However, water plays an important role in realizing other human rights such as the right to food and livelihoods, and in realizing the Convention on the Elimination of All Forms of Discrimination (...)
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  35.  99
    Michael Cholbi (2015). No Last Resort: Pitting the Right to Die Against the Right to Medical Self-Determination. Journal of Ethics 19 (2):143-157.
    Many participants in debates about the morality of assisted dying maintain that individuals may only turn to assisted dying as a ‘last resort’, i.e., that a patient ought to be eligible for assisted dying only after she has exhausted certain treatment or care options. Here I argue that this last resort condition is unjustified, that it is in fact wrong to require patients to exhaust a prescribed slate of treatment or care options before being eligible for assisted dying. The last (...)
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  36.  24
    Tina D. Beuchelt & Detlef Virchow (2012). Food Sovereignty or the Human Right to Adequate Food: Which Concept Serves Better as International Development Policy for Global Hunger and Poverty Reduction? [REVIEW] Agriculture and Human Values 29 (2):259-273.
    The emerging concept of food sovereignty refers to the right of communities, peoples, and states to independently determine their own food and agricultural policies. It raises the question of which type of food production, agriculture and rural development should be pursued to guarantee food security for the world population. Social movements and non-governmental organizations have readily integrated the concept into their terminology. The concept is also beginning to find its way into the debates and policies of UN organizations and (...)
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  37.  2
    Norman Daniels (2015). A Progressively Realizable Right to Health and Global Governance. Health Care Analysis 23 (4):330-340.
    A moral right to health or health care is a special instance of a right to fair equality of opportunity. Nation-states generally have the capabilities to specify the entitlements of such a right and to raise the resources needed to satisfy those entitlements. Can these functions be replicated globally, as a global right to health or health care requires? The suggestion that “better global governance” is needed if such a global right is to be claimed (...)
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  38.  75
    Mark B. Brown & David H. Guston (2009). Science, Democracy, and the Right to Research. Science and Engineering Ethics 15 (3):351-366.
    Debates over the politicization of science have led some to claim that scientists have or should have a “right to research.” This article examines the political meaning and implications of the right to research with respect to different historical conceptions of rights. The more common “liberal” view sees rights as protections against social and political interference. The “republican” view, in contrast, conceives rights as claims to civic membership. Building on the republican view of rights, this article conceives the (...)
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  39. Kieran Oberman (2011). Immigration, Global Poverty and the Right to Stay. Political Studies 59 (2):253-268.
    This article questions the use of immigration as a tool to counter global poverty. It argues that poor people have a human right to stay in their home state, which entitles them to receive development assistance without the necessity of migrating abroad. The article thus rejects a popular view in the philosophical literature on immigration which holds that rich states are free to choose between assisting poor people in their home states and admitting them as immigrants when fulfilling duties (...)
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  40.  49
    Efrat Ram-Tiktin (2012). The Right to Health Care as a Right to Basic Human Functional Capabilities. Ethical Theory and Moral Practice 15 (3):337 - 351.
    A just social arrangement must guarantee a right to health care for all. This right should be understood as a positive right to basic human functional capabilities. The present article aims to delineate the right to health care as part of an account of distributive justice in health care in terms of the sufficiency of basic human functional capabilities. According to the proposed account, every individual currently living beneath the sufficiency threshold or in jeopardy of falling (...)
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  41. Ori J. Herstein (2012). Defending the Right To Do Wrong. Law and Philosophy 31 (3):343-365.
    Are there moral rights to do moral wrong? A right to do wrong is a right that others not interfere with the right-holder’s wrongdoing. It is a right against enforcement of duty, that is a right that others not interfere with one’s violation of one’s own obligations. The strongest reason for moral rights to do moral wrong is grounded in the value of personal autonomy. Having a measure of protected choice (that is a right) (...)
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  42.  3
    Y.-Y. Chen & Y.-C. Chen (2008). Evaluating Ethics Consultation: Randomised Controlled Trial is Not the Right Tool. Journal of Medical Ethics 34 (8):594-597.
    Background: Although ethics consultation has been introduced to clinical practice for many years, the results of empirical studies to evaluate the effectiveness of ethics consultation are still controversial. The design of randomised controlled trials is considered the best research design to evaluate the effect of a clinical practice on the outcomes of interests. In order to understand the effects of ethics consultation, we conducted this search for studies with the design of randomised controlled trials to evaluate ethics consultation.Objective: To provide (...)
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  43.  86
    Sune Lægaard (2010). What is the Right to Exclude Immigrants? Res Publica 16 (3):245-262.
    It is normally taken for granted that states have a right to control immigration into their territory. When immigration is raised as a normative issue two questions become salient, one about what the right to exclude is, and one about whether and how it might be justified. This paper considers the first question. The paper starts by noting that standard debates about immigration have not addressed what the right to exclude is. Standard debates about immigration furthermore tend (...)
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  44.  93
    Jukka Varelius (2013). Voluntary Euthanasia, Physician-Assisted Suicide, and the Right to Do Wrong. HEC Forum 25 (3):1-15.
    It has been argued that voluntary euthanasia (VE) and physician-assisted suicide (PAS) are morally wrong. Yet, a gravely suffering patient might insist that he has a moral right to the procedures even if they were morally wrong. There are also philosophers who maintain that an agent can have a moral right to do something that is morally wrong. In this article, I assess the view that a suffering patient can have a moral right to VE and PAS (...)
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  45.  88
    Fabienne Peter (2013). The Human Right to Political Participation. Journal of Ethics and Social Philosophy 7 (2):1-16.
    In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights which do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, (...)
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  46. Jeffrey Glick (2010). Justification and the Right to Believe. Philosophical Quarterly 60 (240):532-544.
    Some philosophers have attempted to utilize the conceptual tools of ethics in order to understand epistemology. One instantiation of this understands justification in terms of having a certain kind of epistemic right, namely, a right to believe. In variations of this theme, some hold that justification involves having the authority to believe, or being entitled to believe. But by examining the putative analogies between different versions of rights and justification, I demonstrate that justification should not be understood as (...)
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  47.  71
    Aaron Simmons (2009). Animals, Predators, the Right to Life, and the Duty to Save Lives. Ethics and the Environment 14 (1):pp. 15-27.
    One challenge to the idea that animals have a moral right to life claims that any such right would require us to intervene in the wild to prevent animals from being killed by predators. I argue that belief in an animal right to life does not commit us to supporting a program of predator-prey intervention. One common retort to the predator challenge contends that we are not required to save animals from predators because predators are not moral (...)
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  48.  29
    Yvonne Donders (2011). The Right to Enjoy the Benefits of Scientific Progress: In Search of State Obligations in Relation to Health. Medicine, Health Care and Philosophy 14 (4):371-381.
    After having received little attention over the past decades, one of the least known human rights—the right to enjoy the benefits of scientific progress and its applications—has had its dust blown off. Although included in the Universal Declaration of Human Rights (UDHR) and in the International Covenant on Economic, Social and Cultural Rights (ICESCR)—be it at the very end of both instruments -this right hardly received any attention from States, UN bodies and programmes and academics. The role of (...)
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  49.  46
    Carol J. Gill (2004). Depression in the Context of Disability and the “Right to Die”. Theoretical Medicine and Bioethics 25 (3):171-198.
    Arguments in favor of legalized assisted suicide often center on issues of personal privacy and freedom of choice over one's body. Many disability advocates assert, however, that autonomy arguments neglect the complex sociopolitical determinants of despair for people with disabilities. Specifically, they argue that social approval of suicide for individuals with irreversible conditions is discriminatory and that relaxing restrictions on assisted suicide would jeopardize, not advance, the freedom of persons with disabilities to direct the lives they choose. This paper (...)
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  50.  16
    Graham Riches (1999). Advancing the Human Right to Food in Canada: Social Policy and the Politics of Hunger, Welfare, and Food Security. [REVIEW] Agriculture and Human Values 16 (2):203-211.
    This article argues that hunger in Canada, while being an outcome of unemployment, low incomes, and inadequate welfare, springs also from the failure to recognize and implement the human right to food. Food security has, however, largely been ignored by progressive social policy analysis. Barriers standing in the way of achieving food security include the increasing commodification of welfare and the corporatization of food, the depoliticization of hunger by governments and the voluntary sector, and, most particularly, the (...)
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