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  1. Grounding Procedural Rights.N. P. Adams - 2019 - Legal Theory (1):3-25.
    Contrary to the widely accepted consensus, Christopher Heath Wellman argues that there are no pre-institutional judicial procedural rights. Thus commonly affirmed rights like the right to a fair trial cannot be assumed in the literature on punishment and legal philosophy as they usually are. Wellman canvasses and rejects a variety of grounds proposed for such rights. I answer his skepticism by proposing two novel grounds for procedural rights. First, a general right against unreasonable risk of punishment grounds rights to an (...)
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  2. Must Politics Be War?: Restoring Our Trust in the Open Society.Kevin Vallier - 2019 - New York, NY, USA: Oxford University Press.
    Americans today are far less likely to trust their institutions, and each other, than in decades past. This collapse in social and political trust arguably fuels our increasingly ferocious ideological conflicts and hardened partisanship. Many believe that our previously high levels of trust and bipartisanship were a pleasant anomaly and that we now live under the historic norm. Seen this way, politics itself is nothing more than a power struggle between groups with irreconcilable aims: contemporary American politics is war because (...)
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  3. Hayek's Critique of the Universal Declaration of Human Rights.Jean-Philippe Feldman - 1999 - Journal des Economistes Et des Etudes Humaines 9 (4):529-540.
    Critiquer la Déclaration universelle des droits de l’homme du 10 décembre 1948 paraît relever de la provocation ou de l’inconscience. Ses contempteurs, qu’il s’agisse des marxistes ou des conservateurs, se sont déconsidérés. Nonobstant, c’est avec force courage que Hayek s’est attelé dès 1966 à une critique en règle de cette déclaration “constructiviste” dont l’objectif impossible était de fusionner les droits de la tradition libérale avec ceux de la conception marxiste. Le Prix Nobel démontre que les nouveaux droits ainsi proclamés ne (...)
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  4. Whose Rights? A Critique of Individual Agency as the Basis of Rights. E. Weyl - 2009 - Politics, Philosophy and Economics 8 (2):139-171.
    I argue that individuals may be as problematic political agents as groups are. In doing so, I draw on theory from economics, philosophy, and computer science and evidence from psychology, neuroscience, and biology. If successful, this argument undermines agency-based justifications for embracing strong notions of individual rights while rejecting the possibility of similar rights for groups. For concreteness, I critique these mistaken views by rebutting arguments given by Chandran Kukathas in his article `Are There Any Cultural Rights?' that groups lack (...)
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  5. Reason‐Giving and Rights‐Bearing: Constructing the Subject of Rights.Seyla Benhabib - 2013 - Constellations 20 (1):38-50.
  6. Human Rights and Globalization: The Responsibility of States and Private Actors.Joseph Stiglitz - 2013 - Journal of Catholic Social Thought 10 (1):85-90.
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  7. O’Neill on Rights: Would Rights Theorists Do Better By Giving Priority to Obligations?Karl Amerik - 1993 - Social Philosophy Today 8:51-61.
  8. Four Lectures on the Philosophical Fundamentals of Human Rights.Clark Butler - unknown
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  9. The Transnational Muslim World, the Foundations and Origins of Human Rights, and Their Ongoing Intersections.Anthony Chase - 2007 - Muslim World Journal of Human Rights 4 (1).
    To understand the Muslim world it is essential to see it in a transnational context that is informed by its heterogeneity, power contestations, and continuous change. To understand human rights' foundations and origins it is essential to grapple with its legal, political, normative, and institutional groundings, and bear in mind its ongoing reconfigurations and global impacts. Each of these tasks is illustrated by how movements for the rights of women and sexual minorities have come to impact on the transnational Muslim (...)
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  10. A Study on the Moral Foundation of Housing Rights.Kim Dae-Gun - 2011 - Journal of Ethics 1 (81):57-77.
  11. Which Rights Are Universal?Daniel A. Bell - 1999 - Political Theory 27 (6):849-856.
  12. The Philosophical Foundations of Property Rights.A. B. Carter - unknown
  13. Fichtes Deduktion der Leiblichkeit. Interpretation der §§ 5-6 des Naturrechts von 1796.Max Gottschlich - 2014 - In Thomas Sören Hoffmann (ed.), Das Recht als Form der "Gemeinschaft freier Wesen als solcher". Fichtes Rechtsphilosophie in ihren aktuellen Bezügen, ed. by Thomas S. Hoffmann (= Begriff und Konkretion. Beiträge zur Gegenwart der klassischen Deutschen Philosophie vol. 1). Duncker&Humblot. pp. 41-86.
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  14. Obligations to Educate: The Justification of Children's Rights to Education.Scott Howard Bilow - 1988 - Dissertation, Cornell University
    The aim of the dissertation is to determine the basis of, and thus to justify, children's rights to education. ;The dissertation surveys and exposes the failings of a variety of arguments purporting to justify children's rights. Several of these arguments fail for a common reason. They conceive a threshold of personhood, a developmental boundary signifying the acquisition of a special moral standing. On this view, the purpose of education is to bring children across the threshold, to form them into persons. (...)
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  15. The Unjust Exercise of Emergency Powers in Bangladesh and Their Consequent Impact on the Fundamental Rights: A Critical Appraisal.M. Ehteshamul Bari - 2014 - Jurisprudencija: Mokslo darbu žurnalas 21 (2):555-577.
  16. An African Theory of Social Justice.Thaddeus Metz - 2016 - In Camilla Boisen & Matthew Murray (eds.), Distributive Justice Debates in Political and Social Thought: Perspectives on Finding a Fair Share. Routledge. pp. 171-190.
    A comprehensive account of justice grounded on salient Afro-communitarian values, the article attempts to unify views about the distribution of economic resources, the protection of human rights and the provision of social recognition as ultimately being about proper ways to value loving relationships.
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  17. Exploring the Justifications for Human Rights.Angela Christelis - unknown
    In this paper the concept of a?human right? is analysed and clarified. Some justifications for human rights? such as natural rights theory, contractarianism, utilitarianism and rights as vital interests? are explored with respect to their emphasis on rights as protected choices or protected interests. Finally, a vital interests view is defended in which the rights to subsistence, security, and liberty of movement and political participation form the set of our basic rights without which we cannot enjoy our other rights.
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  18. The Heart of Human Rights.Allen Buchanan - 2013 - Oup Usa.
    This book is the first in-depth attempt to provide a moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights.
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  19. Getting Normative: The Role of Natural Rights in Constitutional Adjudication.Randy E. Barnett - 2001 - In Robert George (ed.), Natural Law, Liberalism, and Morality: Contemporary Essays. Oxford University Press.
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  20. The Good is Prior to the Right: Rosemont on Human Rights.Ewing Y. Chinn - 2008 - In Marthe Chandler Ronnie Littlejohn (ed.), Polishing the Chinese Mirror: Essays in Honor of Henry Rosemont, Jr. pp. 67.
  21. Corporations and Fundamental Rights: What is the Nature of Their Obligations, If Any?David Bilchitz - 2013 - In Christopher Luetege (ed.), Handbook of the Philosophical Foundations of Business Ethics. Springer. pp. 1053--1076.
  22. Law and Rights.Claudio Corradetti - 2010 - In Richard Corrigan (ed.), Ethics: A University Guide. Progressive Frontiers Pubs.. pp. 221.
  23. In Between Individual Reality and Universal Demand. Reflections on the Ethics of Economic, Social and Cultural Rights.Christian Beck - 2009 - Disputatio Philosophica 11 (1):65 - 77.
  24. Norberto Bobbio: An Age of Rights Without Foundations.Luca Baccelli - 2010 - Iris. European Journal of Philosophy and Public Debate 2 (4):401-422.
    The title of the following essay echoes one of Bobbio’s most famous books, and emphasizes one of its main issues: that of providing a “foundation” for the idea of rights. This essay summarizes what Bobbio means by “the age of rights” and presents his principal criticisms of any supposedly “absolute foundation” for rights. In exploring the notion of an age of rights without foundations Bobbio raised a number of crucial issues that effectively anticipated the contemporary debate around problems concerning the (...)
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  25. The Logical Foundation of Fundamental Rights and Their Universality.Luca Baccelli - 2011 - Res Publica 17 (4):369-376.
    This paper offers a critical analysis of two central issues in Luigi Ferrajoli’s Principia iuris , and more generally of his theory of rights. One is the way in which ‘expectations’ play a crucial role in his deontic theory by establishing the logical basis for his guarantee-based conception of law and rights. The axiomatic way in which Ferrajoli arrives at his conception of fundamental rights is questioned, for it fails to give a full account of the nature of subjective rights. (...)
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  26. Book Notes. [REVIEW]Fritz Allhoff, Amy L. Peikoff, Stephen H. Phillips, Avital Simhony & George Streeter - 2005 - Ethics 115 (2):435-439.
Contractarian And Consent Theories
  1. The Paradox of Consent.Stephen Kershnar - 2019 - International Journal of Applied Philosophy 33 (2):305-318.
    If consent is valid, then in every case it is either valid or invalid. This is because of the notion that consent eliminates a right and a person either has or lacks a right against another. A parallel problem to the paradox of symmetrical attackers applies to consent. That is, there is a case in which two people neither consent nor do not consent to one another. As a practical matter, attorneys, judges, legislators, physicians, and sex partners should not treat (...)
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  2. Exploring Tradeoffs in Accommodating Moral Diversity.Ryan Muldoon - 2017 - Philosophical Studies 174 (7):1871-1883.
    This paper explores the space of possibilities for public justification in morally diverse communities. Moral diversity is far more consequential than is typically appreciated, and as a result, we need to think more carefully about how our standard tools function in such environments. I argue that because of this diversity, public justification can be divorced from any claim of determinateness. Instead, we should focus our attention on procedures—in particular, what Rawls called cases of pure procedural justice. I use a modified (...)
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  3. Coercion, Legitimacy, and Individual Freedom.Nicole Hassoun - 2014 - Journal of Philosophical Research 39:191-198.
    In “World Poverty and Individual Freedom”, I argue that the global order—because it is coercive—is obligated to do what it can to ensure that its subjects are capable of autonomously agreeing to its rule. This requires helping them meet their basic needs. In “World Poverty and Not Respecting Individual Freedom Enough,” Jorn Sonderholm asserts that this argument is invalid and unsound, in part, because it is too demanding. This article explains why Sonderholm’s critique is mistaken and misses the main point (...)
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  4. Can the Social Contract Be Signed by an Invisible Hand?Bernd Lahno & Geoffrey Brennan (eds.) - 2013 - RMM.
    The title of this special topic in RMM is borrowed from a 1978 paper of Hillel Steiner in which he argues against Robert Nozick's invisible hand conception of the emergence of the state. Steiner believes that central institutions of social order such as money and government need some form of conscious endorsement by individuals to emerge and to persist over time. -/- Tony de Jasay's critique (in Philosophy 85, 2010) of Bob Sugden's plea for a Humean version of contractarianism (see (...)
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  5. Specters and Possession of Neoliberal Democracy: Contemporary Critical Political Philosophies and the Legacy of C.B. Macpherson.Mariusz Turowski - 2015 - In A. K. Çüçen & M. Becermen (eds.), Gelenek, Demokrasi ve Felsefe /Tradition, Democracy, and Philosophy. Uludağ Üniversitesi. pp. 318-326.
    The paper is a part of the project of retrieving C.B. Macpherson’s thesis of possessive individualism and his contribution to investigations about democratic theory and the “Western political ontology” valuable especially in today’s context of expansion, crisis and – arguably – subsequent, experienced today, revival of the project of “neoliberal democracy”. The aim of my paper is to present theory of possessive individualism as the missing center of critical theory of democracy. The task is conducted through a brief reconstruction of (...)
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  6. A Promissory Theory of the Duty to Tip.Stephen Kershnar - 2014 - Business and Society Review 119 (2):247-276.
    In this article, I argued that in contexts in which tipping is customary, there is a moral duty to tip or to explicitly tell the server that you will not be tipping. The evidence for this rests on anecdotes about people's mental states, and customers and server's intuitions about duties that would arise were a customer unable to tip his server. The promise is a speech act that is implicit in ordering food. The speech act must be matched by the (...)
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  7. Abortion, Libertarianism, and Evictionism: A Last Word.Jakub Wiśniewski - 2013 - Libertarian Papers 5:153-162.
    This paper is my last word, in the present journal, in the debate I have been having with Walter Block on the subject of evictionism as an alleged libertarian “third way,” capable of transcending the familiar “pro-life” and “pro-choice” dichotomy. In this debate, I myself defended what might be regarded as a qualified “pro-life” position, while Block consistently argued that the mother is morally allowed to expel the fetus from her womb provided that no non-lethal methods of its eviction are (...)
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  8. Justification, Choice and Promise: Three Devices of the Consent Tradition in a Diverse Society.Gerald Gaus - 2012 - Critical Review of International Social and Political Philosophy 15 (2):109-127.
    The twin ideas at the heart of the social contract tradition are that persons are naturally free and equal, and that genuine political obligations must in some way be based on the consent of those obligated. The Lockean tradition has held that consent must be in the form of explicit choice; Kantian contractualism has insisted on consent as rational endorsement. In this paper I seek to bring the Kantian and Lockean contract traditions together. Kantian rational justification and actual choice are (...)
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  9. No Idea of Justice: A Social Contractarian Response to Sen and Nussbaum.Jeffrey Reiman - 2011 - Criminal Justice Ethics 30 (1):23-38.
  10. Are Economic Liberties Basic Rights?Jeppe von Platz - 2014 - Politics, Philosophy, and Economics 13 (1):23-44.
    In this essay I discuss a powerful challenge to high-liberalism: the challenge presented by neoclassical liberals that the high-liberal assumptions and values imply that the full range of economic liberties are basic rights. If the claim is true, then the high-liberal road from ideals of democracy and democratic citizenship to left-liberal institutions is blocked. Indeed, in that case the high-liberal is committed to an institutional scheme more along the lines of laissez-faire capitalism than property-owning democracy. To present and discuss this (...)
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  11. Reconciling Justice and Pleasure in Epicurean Contractarianism.John J. Thrasher - 2013 - Ethical Theory and Moral Practice 16 (2):423-436.
    Epicurean contractarianism is an attempt to reconcile individualistic hedonism with a robust account of justice. The pursuit of pleasure and the requirements of justice, however, have seemed to be incompatible to many commentators, both ancient and modern. It is not clear how it is possible to reconcile hedonism with the demands of justice. Furthermore, it is not clear why, even if Epicurean contractarianism is possible, it would be necessary for Epicureans to endorse a social contract. I argue here that Epicurean (...)
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  12. Reflections on the Foundations of Human Rights.Thomas M. Besch - manuscript
    Is there an approach to human rights that justifies rights-allocating moral-political principles as principles that are equally acceptable by everyone to whom they apply, while grounding them in categorical, reasonably non-rejectable foundations? The paper examines Rainer Forst’s constructivist attempt to provide such an approach. I argue that his view, far from providing an alternative to “ethical” approaches, depends for its own reasonableness on a reasonably contestable conception of the good, namely, the good of constitutive discursive standing. This suggests a way (...)
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  13. 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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  14. Review of Alan Wertheimer, Consent to Sexual Relations[REVIEW]Stephen Kershnar - 2004 - Notre Dame Philosophical Reviews 2004 (2).
    Alan Wertheimer’s book, Consent to Sexual Relations, is an important investigation of consent to sex. The book contains many interesting and insightful arguments and does a nice job of distinguishing the considerations that are relevant to moral and legal consent. The book is both broad and narrow. It is broad in that it discusses a broad array of interesting issues, including the psychology of rapists, the types of psychological harm that rape victims suffer, the moral status and nature of consent, (...)
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  15. Social Justice in the Modern Regulatory State: Duress, Necessity and the Consensual Model in Law.Lucinda Vandervort - 1987 - Law and Philosophy 6 (2):205 - 225.
    This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is a collective societal (...)
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Will Versus Interest Theories
  1. Rights, Harming and Wronging: A Restatement of the Interest Theory.Visa A. J. Kurki - 2018 - Oxford Journal of Legal Studies (3):430-450.
    This article introduces a new formulation of the interest theory of rights. The focus is on ‘Bentham’s test’, which was devised by Matthew Kramer to limit the expansiveness of the interest theory. According to the test, a party holds a right correlative to a duty only if that party stands to undergo a development that is typically detrimental if the duty is breached. The article shows how the entire interest theory can be reformulated in terms of the test. The article (...)
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  2. Forfeiture Theory and Symmetrical Attackers.Stephen Kershnar - 2017 - Criminal Justice Ethics 36 (2):224-245.
    In this paper, I defend the following thesis: The Problem of Symmetrical Attackers does not falsify forfeiture theory. The theory asserts that except in the case where violence is necessary to avoid a catastrophe, only those who forfeit their rights are liable for defensive violence. The problem focuses on the following sort of case. Symmetrical Attacker Case Al and Bob are doppelgangers. They both mistakenly but justifiably think that the other is about to attack him. They both respond with violence (...)
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  3. Reconstituting the Right to Education.Joshua Weishart - 2016 - Alabama Law Review 67 (4):915.
    Confronting persistent and widening inequality in educational opportunity, advocates have regarded the right to education as a linchpin for reform. In the forty years since the Supreme Court relegated that right to the domain of state constitutional law, its power has surged and faded in litigation challenging state school finance systems. Like so many of the students it is meant to protect, however, the right to education has generally underachieved, in part because those wielding it have not always appreciated its (...)
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  4. Engaged Philosophy: Essays in Honour of David Braybrooke.Susan Sherwin & Peter Schotch (eds.) - 2006 - University of Toronto Press.
  5. Non-Combatant Immunity and War-Profiteering.Saba Bazargan - 2017 - In Helen Frowe & Lazar Seth (eds.), The Oxford Handbook of Ethics and War. Oxford University Press.
    The principle of noncombatant immunity prohibits warring parties from intentionally targeting noncombatants. I explicate the moral version of this view and its criticisms by reductive individualists; they argue that certain civilians on the unjust side are morally liable to be lethally targeted to forestall substantial contributions to that war. I then argue that reductivists are mistaken in thinking that causally contributing to an unjust war is a necessary condition for moral liability. Certain noncontributing civilians—notably, war-profiteers—can be morally liable to be (...)
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  6. Kant On Freedom And The Appropriate Punishment.Stephen Kershnar - 1995 - Jahrbuch für Recht Und Ethik 3.
    In "Kant on Freedom and the Appropriate Punishment," the author begins by noting that in The Metaphysics of Morals , Kant asserts that a wrongdoer should be given a punishment that is similar to his wrongdoing. He then makes two interpretive claims with regard to this assertion.First, he claims that the best way to understand this assertion in the context of other things Kant says is that the state is obligated to punish a wrongdoer in a way that imposes on (...)
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  7. Extremely Harsh Treatment.Stephen Kershnar - 2011 - Reason Papers 33:60-81.
    Extremely harsh treatment (for example, unanesthetized tooth, branding with a hot iron, violent shaking, repeated beatings, and car-battery shocks to the genitalia) is often considered unjust. On different accounts, extremely harsh treatment fails to respect persons because it infringes on an absolute right, fails to respect a person’s dignity, constitutes cruel or inhumane treatment, violates rules that rational persons would choose under fair and equal choosing conditions, or results in a person losing his agency to another. Others respond that in (...)
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  8. The Structure of Rights Forfeiture.Stephen Kershnar - 2002 - Philosophia 29 (1-4):57.
    A person deserves a punishment if and only if he did a culpable wrongdoing and in virtue of this it is other-things-being intrinsically good that he receive punishment and if he were to receive that punishment then it would be through a non-deviant causal chain that includes the culpable wrongdoing. The wrongdoing may be institutional or pre-institutional depending on whether the moral right that the wrongdoer trespasses upon is dependent on a political institution’s goal. Desert in general, and punitive desert (...)
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  9. There Is No Moral Right to Immigrate to the United States.Stephen Kershnar - 2000 - Public Affairs Quarterly 14 (2):141-158.
    U.S. citizens have a right to exclude potential immigrants. This right rests in part on the threat immigration poses to change the character of the institutions to which the current citizens have consented and in part on the threat immigrants pose to the citizens' rights to collective property. This right is probably not opposed by a human right to immigrate since such a right cannot be supported by arguments from equality, fairness, legitimate state authority, or libertarianism.
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