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  1. Proportionality Collapses: The Search for an Adequate Equation for Proportionality.Stephen Kershnar - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 397-418.
    In punishment, proportionality is the systematic mathematical relationship between the significance of the wrongdoing and the amount of punishment that may be imposed on the wrongdoer. In this chapter, Kershnar argues that there is no adequate equation for proportionality. The lack of an adequate equation rests on intuitions and the absence of a shared metric. If there is no equation for proportionality, then there is no proportionality. This is because if there is no equation for proportionality, then there is no (...)
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  2. Proportionality in Self-Defense: With an Application to Covid Vaccination-Mandates.Stephen Kershnar - 2022 - International Journal of Applied Philosophy 36 (1):67-82.
    Proportionality matters. Intuitively, proportionality sets the ceiling on the amount of defensive violence that is permissible. A plausible view is that what justifies proportionality also justifies other defensive-violence requirements—for example, discrimination and necessity—and shows why other purported requirements are mistaken—for example, imminence. I argue that if defensive-violence proportionality is a part of moral reality, then there is a systematic justification of it. If there is a systematic justification of proportionality, then there is an adequate equation for it. There is no (...)
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  3. The Conventionalist Challenge to Natural Rights Theory.Ben Bryan - 2017 - Social Theory and Practice 43 (3):569-587.
    Call the conventionalist challenge to natural rights theory the claim that natural rights theory fails to capture the fact that moral rights are shaped by social and legal convention. While the conventionalist challenge is a natural concern, it is less than clear what this challenge amounts to. This paper aims to develop a clear formulation strong enough to put pressure on the natural rights theorist and precise enough to clarify what an adequate response would require.
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  4. Human Rights, Claimability and the Uses of Abstraction.Adam Etinson - 2013 - 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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  5. Confucian Rights as a "Fallback Apparatus” 作为“备用机制”的儒家权利.Justin Tiwald - 2013 - Academic Monthly 学术月刊 45 (11):41-49.
    Liang Tao and Kuang Zhao, trans. Confucian rights can be characterized as a kind of “fallback apparatus,” necessary only when preferred mechanisms—for example, familial and neighborly care or traditional courtesies—would otherwise fail to protect basic human interests. In this paper, I argue that the very existence of such rights is contingent on their ability to function as remedies for dysfunctional social relationships or failures to develop the virtues that sustain harmonious Confucian relationships. Moreover, these remedies are not, strictly speaking, rights-based, (...)
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  6. Confucianism-Based Rights Skepticism and Rights in the Workplace.Adam D. Bailey - 2011 - Business Ethics Quarterly 21 (4):661-672.
    Must even Confucian rights skeptics—those who are, on account of their Confucian beliefs, skeptical of the existence of human rights, and believe that asserting or recognizing rights is morally wrong—concede that in the workplace, they are morally obligated to recognize rights? Alan Strudler has recently argued that such is the case. In this article, I argue that because Confucian rights skeptics locate wrongness in inconsistency with the idea of “Confucian community,” Confucian community should be viewed as a moral ideal. I (...)
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  7. Dialogue: The Confucian Critique of Rights-Based Business Ethics.Adam D. Bailey & Alan Strudler - 2011 - Business Ethics Quarterly 21 (4):661-677.
    ABSTRACT:Must even Confucian rights skeptics—those who are, on account of their Confucian beliefs, skeptical of the existence of human rights, and believe that asserting or recognizing rights is morally wrong—concede that in the workplace, they are morally obligated to recognize rights? Alan Strudler has recently argued that such is the case. In this article, I argue that because Confucian rights skeptics locate wrongness in inconsistency with the idea of “Confucian community,” Confucian community should be viewed as a moral ideal. I (...)
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  8. Confucianism and Human Rights.Justin Tiwald - 2011 - In Thomas Cushman (ed.), Routledge Handbook of Human Rights. pp. 244-254.
    One of the most high-profile debates in Chinese philosophy concerns the compatibility of human and individual rights with basic Confucian doctrines and practices. Defenders of the incompatibilist view argue that rights are inconsistent with Confucianism because rights are (necessarily) role-independent obligations and entitlements, whereas Confucians think that all obligations and entitlements are role-dependent. Two other arguments have to do with the practice of claiming one's own rights, holding (a) that claiming one's rights undercuts family-like community bonds and (b) that giving (...)
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  9. Rejecting rights.Sonu Bedi - 2009 - New York: Cambridge University Press.
    Rights -- Justification in theory -- Justification in practice.
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  10. (1 other version)Must privacy and sexual equality conflict? A philosophical examination of some legal evidence.Annabelle Lever - 2001 - Social Research: An International Quarterly 67 (4):1137-1171.
    Are rights to privacy consistent with sexual equality? In a brief, but influential, article Catherine MacKinnon trenchantly laid out feminist criticisms of the right to privacy. In “Privacy v. Equality: Beyond Roe v. Wade” she linked familiar objections to the right to privacy and connected them to the fate of abortion rights in the U.S.A. (MacKinnon, 1983, 93-102). For many feminists, the Supreme Court’s decision in Roe v. Wade (1973) had suggested that, notwithstanding a dubious past, legal rights to privacy (...)
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  11. We ought to rethink our notion of human rights.Miguel Elvir Quitain - manuscript
    Since the era of modern philosophy, we have always assumed as though rights, as they are primarily based upon natural law, are natural inalienable rights. For the longest time this has worked out well for the protection of our natural necessities to life, liberty, and property. In the Filipino experience, however, the biggest human rights violation is the everyday denial of such rights. When human rights are in fact, propertied and is based upon class-biases, we ought to rethink whether human (...)
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  12. Human Rights: A Marxist critique.Nouha Rouabah - manuscript
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