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  1. The Issue of Bodily Rights Alienation.Noelia Martínez-Doallo - 2024 - In José-Antonio Seone & Oscar Vergara (eds.), The Discourse of Biorights: European Perspectives. Springer Nature. pp. 71-86.
    A widespread Western conception about the sanctity of the human body and its parts prevents from any morally acceptable disposition of these objects. However, this entails nothing but a dualistic conception of the human being as a composite of detachable parts — namely, body and mind. Understood as the antechamber of legal rights, moral rights perform an important — yet frequently overlooked — justifying function that permeates the political discourse. Although the connection among moral, political and legal discourses should be (...)
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  2. Transformative Choice and Decision-Making Capacity.Isra Black, Lisa Forsberg & Anthony Skelton - 2023 - Law Quarterly Review 139 (4):654-680.
    This article is about the information relevant to decision-making capacity in refusal of life-prolonging medical treatment cases. We examine the degree to which the phenomenology of the options available to the agent—what the relevant states of affairs will feel like for them—forms part of the capacity-relevant information in the law of England and Wales, and how this informational basis varies across adolescent and adult medical treatment cases. We identify an important doctrinal phenomenon. In the leading authorities, the courts appear to (...)
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  3. Why there is no dilemma for the birth strategy: a response to Bobier and Omelianchuk.Prabhpal Singh - 2023 - Journal of Medical Ethics 49 (11):779-780.
    Bobier and Omelianchuk argue that the Birth Strategy for addressing analogies between abortion and infanticide is saddled with a dilemma. It must be accepted that non-therapeutic late-term abortions are either, impermissible, or they are not. If accepted, then the Birth Strategy is undermined. If not, then the highly unintuitive claim that non-therapeutic late-term abortions are permissible must be accepted. I argue that the moral principle employed to defend the claim that non-therapeutic late-term abortions are morally impermissible fails to do so. (...)
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  4. Bioethics and Non-Consequentialism.Stephen Kershnar - 2021 - International Journal of Applied Philosophy 35 (2):289-307.
    The various features of bioethics center around a person’s right to decide what happens to her body and what she may do with it. This is true for patients and medical professionals. Our intuitions concerning rights in bioethics are similar to our intuitions concerning rights in other areas. Consider, for example, rights concerning movement, privacy, religion, sex, speech, and thought. Intuitively, these rights are consistent with one another, trump other moral considerations, and can be lost. If people were to own (...)
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  5. Some notes on the nature and limits of posthumous rights: a response to Persad.Sean Aas - 2020 - Journal of Medical Ethics 46 (5):345-346.
    A person’s body can, it seems, survive well after losing the capacity to support Lockean personhood. If our rights in our bodies are, basically, rights in our selves or persons, this seems to imply that we do not after all have a right to direct the disposition of our living remains via advance directive. Govind Persad argues that our rights over our bodies persist after the loss of our personhood; we have a right to insist that our bodies die after (...)
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  6. Vital prostheses: Killing, letting die, and the ethics of de‐implantation.Sean Aas - 2020 - Bioethics 35 (2):214-220.
    Disconnecting a patient from artificial life support, on their request, is often if not always a matter of letting them die, not killing them—and sometimes, permissibly doing so. Stopping a patient’s heart on request, by contrast, is a kind of killing, and rarely if ever a permissible one. The difference seems to be that procedures of the first kind remove an unwanted external support for bodily functioning, rather than intervening in the body itself. What should we say, however, about cases (...)
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  7. From Bodily Rights to Personal Rights.Thomas Douglas - 2020 - In Andreas von Arnauld, Kerstin von der Decken & Mart Susi (eds.), The Cambridge Handbook of New Human Rights. Cambridge University Press. pp. 378-384.
    The right to bodily integrity (RBI) may seem inapt for inclusion in this volume, which is supposed to address new human rights, for as A. M. Viens notes, the RBI is a long-standing fixture in the philosophical and legal discussion of rights. However, Viens does, I think, make a good case for the right’s inclusion here. Not only does he note the increasing recognition of a new right to genital integrity derived from the more general RBI, he also argues for (...)
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  8. Review of David Birks and Thomas Douglas, eds., Treatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice: Oxford University Press, Oxford, 2018, 384 pp. [REVIEW]Jason Hanna - 2020 - Criminal Law and Philosophy 15 (1):123-129.
    Neurological interventions are sometimes used to prevent criminal behavior. For instance, in some jurisdictions, sex offenders can be compelled to undergo treatment designed to reduce sexual desire. As David Birks and Thomas Douglas observe in their introduction to this volume, “chemical castration” may be just the tip of the iceberg. As neuroscience advances, it could reveal many other ways to control criminality. For instance, pharmacological treatments may help combat violent behavior or drug abuse. Such “crime-preventing neurointerventions” have been controversial. On (...)
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  9. Prosthetic embodiment.Sean Aas - 2019 - Synthese 198 (7):6509-6532.
    What makes something a part of my body, for moral purposes? Is the body defined naturalistically: by biological relations, or psychological relations, or some combination of the two? This paper approaches this question by considering a borderline case: the status of prostheses. I argue that extant accounts of the body fail to capture prostheses as genuine body parts. Nor, however, do they provide plausible grounds for excluding prostheses, without excluding some paradigm organic parts in the process. I conclude by suggesting (...)
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  10. Authority without identity: defending advance directives via posthumous rights over one’s body.Govind Persad - 2019 - Journal of Medical Ethics 45 (4):249-256.
    This paper takes a novel approach to the active bioethical debate over whether advance medical directives have moral authority in dementia cases. Many have assumed that advance directives would lack moral authority if dementia truly produced a complete discontinuity in personal identity, such that the predementia individual is a separate individual from the postdementia individual. I argue that even if dementia were to undermine personal identity, the continuity of the body and the predementia individual’s rights over that body can support (...)
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  11. Coercion and the Neurocorrective Offer.Jonathan Pugh - 2018 - In David Birks & Thomas Douglas (eds.), Treatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice. Oxford: Oxford University Press.
    According to what Douglas calls ‘the consent requirement’, neuro-correctives can only permissibly be provided with the valid consent of the offender who will undergo the intervention. Some of those who endorse the consent requirement have claimed that even though the requirement prohibits the imposition of mandatory neurocorrectives on criminal offenders, it may yet be permissible to offer offenders the opportunity to consent to undergoing such an intervention, in return for a reduction to their penal sentence. I call this the neurocorrective (...)
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  12. Da impossibilidade de uma relação de self-ownership: o dualismo ontológico na ilusão da auto-propriedade.Diego Ramos Mileli - 2018 - Revista Trágica: Estudos de Filosofia da Imanência 11 (2):105-126.
    O conceito de self-ownership é frequentemente utilizado nos campos da Ética e da Filosofia Política para justificar ou negar a justeza de determinadas situações, atos ou práticas. As críticas a tal conceito são predominantemente focadas em seus corolários. No presente artigo a análise se concentra sobra as condições de possibilidade da existência de uma relação de propriedade de si mesmo – auto-propriedade – procurando-se demonstrar a impossibilidade de tal relação pela ausência de multiplicidade de elementos que possam constituir um proprietário (...)
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  13. Does the Pro-Life Worldview Make Sense?: Abortion, Hell, and Violence Against Abortion Doctors.Stephen Kershnar - 2017 - New York: Routledge.
    This book looks at a family of views involving the pro-life view of abortion and Christianity. These issues are important because major religious branches (for example, Catholicism and some large branches of Evangelicalism) and leading politicians assert, or are committed to, the following: (a) it is permissible to prevent some people from going to hell, (b) abortion prevents some people from going to hell, and (c) abortion is wrong. They also assert, or are committed to, the following: (d) it is (...)
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  14. Nonconsensual Neurocorrectives and Bodily Integrity: a Reply to Shaw and Barn.Thomas Douglas - 2016 - Neuroethics 12 (1):107-118.
    In this issue, Elizabeth Shaw and Gulzaar Barn offer a number of replies to my arguments in ‘Criminal Rehabilitation Through Medical Intervention: Moral Liability and the Right to Bodily Integrity’, Journal of Ethics. In this article I respond to some of their criticisms.
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  15. (1 other version)Abortion and the Right to not be Pregnant.James Mahon - 2016 - In Keith Breen & Allyn Fives (eds.), Philosophy and Political Engagement: Reflection in the Public Sphere. London: Palgrave. pp. 57-77.
    In this paper I defend Judith Jarvis Thomson's 'Good Samaritan Argument' (otherwise known as the 'feminist argument') for the permissibility of abortion, first advanced in her important, ground-breaking article 'A Defense of Abortion' (1971), against objections from Joseph Mahon (1979, 1984). I also highlight two problems with Thomson's argument as presented, and offer remedies for both of these problems. The article begins with a short history of the importance of the article to the development of practical ethics. Not alone did (...)
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  16. Arendt on Resentment: Articulating Intersubjectivity.Grace Hunt - 2015 - Journal of Speculative Philosophy 29 (3):283-290.
    ABSTRACT This article develops an Arendtian conception of resentment and shows that resentment as a response to injustice is in fact only possible within a community of persons engaged in moral and recognitive relations. While Arendt is better known for her work on forgiveness—characterized as a creative rather than vindictive response to injury—this article suggests that Arendt provides a unique way of thinking about resentment as essentially a response to another human's subjectivity. But when injury is massive, so beyond the (...)
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  17. What is Wrong with “What is Wrong with Rational Suicide”.Michael Cholbi - 2012 - Philosophia 40 (2):285-293.
    In “What is Wrong with Rational Suicide,” Pilpel and Amsel develop a counterexample that allegedly confounds attempts to condition the moral permissibility of suicide on its rationality. In this counterexample, a healthy middle aged woman with significant life accomplishments, but no dependents, disease, or mental disorder opts to end her life painlessly after reading philosophical texts that persuade her that life is meaningless and bereft of intrinsic value. Many people would judge her suicide “a bad mistake” despite its meeting “robust” (...)
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  18. For Torture: A Rights-Based Defense.Stephen Kershnar - 2011 - Lexington Books.
    This book is an analysis and evaluation of torture. My take on torture is unique for four reasons. First, it provides a distinct analysis of what torture is. Second, it argues that on non-consequentialist grounds, specifically rights-based ones, torture is sometimes permissible. Third, it argues that torturers are not always vicious. Fourth, it argues that it is plausible that these conclusions apply to some real world cases. In short, it fills the following gap: it evaluates torture from a rights-based perspective (...)
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  19. (1 other version)Feminism, democracy and the right to privacy.Annabelle Lever - 2005 - Minerva 2005 (nov):1-31.
    This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people’s freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...)
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  20. Providing for Rights.Donald C. Hubin & Mark B. Lambeth - 1988 - Dialogue 27 (3):489-.
    Gauthier's version of the Lockean proviso (in Morals by Agreement) is inappropriate as the foundation for moral rights he takes it to be. This is so for a number of reasons. It lacks any proportionality test thus allowing arbitrarily severe harms to others to prevent trivial harms to oneself. It allows one to inflict any harm on another provided that if one did not do so, someone else would. And, by interpreting the notion of bettering or worsening one's position in (...)
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  21. Life and Death with Liberty and Justice: A Contribution to the Euthanasia Debate. By Germain Grisez and Joseph M. Boyle, Jr. [REVIEW]Vernon J. Bourke - 1980 - Modern Schoolman 57 (3):259-261.