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  1. Interpreting the Political Theory in the Practice of Human Rights.Brooke Ackerly - 2017 - Law and Philosophy 36 (2):135-153.
    In this discussion of The Heart of Human Rights, I support Allen Buchanan’s pursuit of a theory-in-practice methodology for interpreting the foundations and meaning of international legal human rights from within the practice. Following my use of that methodology, I recharacterize the theory of rights revealed by this methodology as political not moral. I clarify the import of this interpretation of international legal human rights for two problems that trouble Buchanan: whether the scope of ‘basic equal status’ is a global (...)
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  2. David V. Goliath: A Brief Assessment of the US Supreme Court's 2011 Ruling Denying Class Certification in Dukes V. Wal‐Mart. [REVIEW]Ronald J. Adams - 2013 - Business and Society Review 118 (2):253-270.
    In 2001, Betty Dukes, then a 54‐year‐old African American, filed suit against her employer, Wal‐Mart, alleging that she had been the victim of gender discrimination. Ms. Dukes alleged that Wal‐Mart, the nation's largest private employer, routinely paid women less than men for comparable work and arbitrarily favored men over women in promotion decisions. In 2004, a U.S. District Court entered an order granting class certification, potentially extending the retailer's financial liability to thousands of current and past Wal‐Mart employees. At that (...)
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  3. The Irrelevance of Religion. [REVIEW]John Adenitire - 2017 - Jurisprudence 8 (2):405-414.
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  4. End-of-Life Issues as Perceived by Lebanese Judges.Salim M. Adib, Sami H. Kawas & Theresa A. Hajjar - 2003 - Developing World Bioethics 3 (1):10–26.
    a relatively more sympathetic attitude among younger judges, many of them women, and among trainees, may reflect a historical evoluti.
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  5. The Comparative Perspective and the Protection of Human Rights a la Francaise.C. Adjei - 1997 - Oxford Journal of Legal Studies 17 (2):281-302.
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  6. Is Secularism Neutral?Rex Ahdar - 2013 - Ratio Juris 26 (3):404-429.
    This article argues that secularism is not neutral. Secularization is a process, the secular state is a structure, whereas secularism is a political philosophy. Secularism takes two main forms: first, a “benevolent” secularism that endeavours to treat all religious and nonreligious belief systems even-handedly, and, second, a “hostile” kind that privileges unbelief and excludes religion from the public sphere. I analyze the European Court of Human Rights decision in Lautsi v Italy, which illustrates these types. The article concludes that secularism (...)
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  7. Reservations to Human Rights Treaties: Problematic Aspects Related to Gender Issues.Aistė Akstinienė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (2):451-468.
    In this article the author analyses specific reservations that are being done to the international documents for the protection of human rights and whether Vienna Convention on the Law of the Treaties applies to those human rights treaties or not. Also, the author analyses if reservations, which are incompatible with object and purpose of the treaty, can be done or not and what consequences they might bring. For this reason the author describes the practice of the state members under the (...)
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  8. Are Procedural Rights Derivative Substantive Rights?Alexander Larry - 1998 - Law and Philosophy 17 (1):19-42.
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  9. Electronic Monitoring of Felons by Computer: Threat or Boon to Civil Liberties?Elaine Alexander & Larry Alexander - 1985 - Social Theory and Practice 11 (1):89-95.
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  10. Are Procedural Rights Derivative Substantive Rights?L. Alexander - 1998 - Law and Philosophy 17 (1):19-42.
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  11. Plastic Trees and Gladiators: Liberalism and Aesthetic Regulation: Plastic Trees and Gladiators.Larry Alexander - 2010 - Legal Theory 16 (2):77-90.
    The hallmark of modern liberalism is its embrace of the Millian harm principle and its antipathy to legal moralism. In this article I consider whether aesthetic regulations can be justified under the harm principle as that principle has been elaborated by Joel Feinberg. I conclude that aesthetic and other regulations that most liberals regard as unproblematic are actually instances of legal moralism.
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  12. Is There a Right of Freedom of Expression?Larry Alexander - 2008 - Law and Philosophy 27 (1):97-104.
    In this provocative book, Alexander offers a sceptical appraisal of the claim that freedom of expression is a human right. He examines the various contexts in which a right to freedom of expression might be asserted and concludes that such a right cannot be supported in any of these contexts. He argues that some legal protection of freedom of expression is surely valuable, though the form such protection will take will vary with historical and cultural circumstances and is not a (...)
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  13. Rules, Rights, Options, and Time.Larry Alexander - 2000 - Legal Theory 6 (4):391-404.
  14. Introduction to Issues 2 and 3: Symposium on Consent in Sexual Relations: Larry Alexander.Larry Alexander - 1996 - Legal Theory 2 (2):87-88.
    Legal and social norms regarding gender relations have undergone dramatic changes in the past 25 years. The changes have come about largely because of the confluence of changing economic and technological realities, the unfolding of the norm dictating equal treatment of individuals, the sexual revolution and its corollaries of improved contraception and legal abortion, the rise of women as a self-conscious group and a presence in the academy, and the interrelations of all of these factors. As men and women have (...)
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  15. Consent Does Not Require Communication: A Reply to Dougherty.Larry Alexander, Heidi Hurd & Peter Westen - 2016 - Law and Philosophy 35 (6):655-660.
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  16. Review: Deborah Hellman and Sophia Moreau, Eds., Philosophical Foundations of Discrimination Law. [REVIEW]Review by: Larry Alexander - 2015 - Ethics 125 (3):872-879,.
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  17. Discourse Theory and Human Rights.Robert Alexy - 1996 - Ratio Juris 9 (3):209-235.
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  18. Basic Rights and Democracy in Jurgen Habermas's Procedural Paradigm of the Law.Robert Alexy - 1994 - Ratio Juris 7 (2):227-238.
  19. Shorter Article: Bill of Rights and Judicial Power - a Liberal's Quandary.J. Allan - 1996 - Oxford Journal of Legal Studies 16 (2):337-340.
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  20. Scepticism, Rights and Utility.James Plunkett Allan - 1998 - Ratio Juris 11 (4):413-424.
  21. Constitutional Rights and Common Law.T. R. S. Allan - 1991 - Oxford Journal of Legal Studies 11 (4):453-480.
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  22. The Rights of Others: Aliens, Residents, and Citizens (Review).Amy Allen - 2007 - Hypatia 22 (2):200-204.
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  23. Promises, Rights and Claims.David Alm - 2011 - Law and Philosophy 30 (1):51-76.
    The paper argues that promise rights presuppose independently existing (if not pre-existing) claims. The argument relies on the Bifurcation Thesis, according to which all claims, and all rights, can be exhaustively divided into two categories: capacity based and exercise based.
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  24. The Unequal Right to Age Equality: Towards a Dignified Lives Approach to Age Discrimination.Pnina Alon-Shenker - 2012 - Canadian Journal of Law and Jurisprudence 25 (2):243-282.
    This paper critically examines prevailing egalitarian theories . The paper proposes an alternative theoretical framework: the Dignified Lives Approach. This theoretical framework, which rests on deontological foundations, considers all human beings as of equal moral worth, and advocates treating each individual with equal concern and respect at any given time. The paper articulates five essential principles of equality founded in the notion of equal concern and respect: the principle of individual assessment, the principle of equal influence, the principle of sufficiency, (...)
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  25. Does the ADA Provide Protection Against Discrimination on the Basis of Genotype?Joseph S. Alper - 1995 - Journal of Law, Medicine & Ethics 23 (2):167-172.
  26. Discrimination Debated: A Review of Deborah Hellman and Sophia Moreau , Philosophical Foundations of Discrimination Law[REVIEW]Andrew Altman - 2015 - Jurisprudence 6 (1):156-168.
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  27. Religion, Taxes, and Sex Discrimination.Andrew Altman - 2005 - Legal Theory 11 (2):125-142.
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  28. Divorcing Threats and Offers.Scott Altman - 1996 - Law and Philosophy 15 (3):209 - 226.
    Theories of threats and offers can blind us to some wrongs even as they illuminate others. Spouses sometimes negotiate divorce settlements by proposing to litigate custody unless given financial concessions. Supported by theories that rely exclusively on rights, courts often uphold these settlements saying things like "[s]imply insisting upon ... what one believes to be his legal rights is not coercive." I suggest a means of distinguishing (divorcing) threats from offers that explains why it is sometimes coercive to insist on (...)
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  29. Law as Rule and Principle: Problems of Legal Philosophy.Theodore M. Benditt - 1978 - Stanford University Press.
  30. In Defence of Infringement.Andrew Botterell - 2008 - Law and Philosophy 27 (3):269-292.
    According to a familiar and influential view, rights are not absolute. To the contrary, they can sometimes be permissibly interfered with. I find such a view of rights attractive. John Oberdiek thinks otherwise. In a recent paper in this journal, Oberdiek has argued that any account of rights that incorporates a distinction between infringing and violating a right is indefensible. My aim in this paper is to argue that Oberdiek's worries are misplaced. The paper proceeds as follows. After some terminological (...)
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  31. Climate Rights - Feasible or Not?Eric Brandstedt & Anna-Karin Bergman - 2013 - Environmental Politics 22 (3):394-409.
    Scholars have argued that we have compelling reasons to combat climate change because it threatens human rights, referred to here as ‘climate rights’. The prospects of climate rights are analysed assuming two basic desiderata: its accuracy in capturing the normative dimension of climate change ; and its ability to generate political measures. In order for climate rights to meet these desiderata certain conditions must be satisfied: important human interests are put at risk by global climate change; there is an identified (...)
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  32. A Complainant-Oriented Approach to Unconscionability and Contract Law.Nicolas Cornell - 2016 - University of Pennsylvania Law Review 164:1131-1175.
    This Article draws attention to a conceptual point that has been overlooked in recent discussions about the theoretical foundations of contract law. I argue that, rather than enforcing the obligations of promises, contract law concerns complaints against promissory wrongs. This conceptual distinction is easy to miss. If one assumes that complaints arise whenever an obligation has been violated, then the distinction does not seem meaningful. I show, however, that an obligation can be breached without giving rise to a valid complaint. (...)
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  33. Rights: Beyond Interest Theory and Will Theory? [REVIEW]Rowan Cruft - 2004 - 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 (...)
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  34. Rationality Revisited: A Critique of Kymlicka and Donaldson's Animal Legal Subjectivity.Nikolaas Deketelaere - 2015 - Vassar College Journal of Philosophy 2 (1):3-17.
    In their 2011 book Zoopolis Sue Donaldson and Will Kymlicka present their political theory of animal rights. In a recent essay, Animals and the Frontiers of Citizenship, the authors respond to the main criticisms of that theory. They argue that when we think about animal protection, we do so from a presupposed relationship between man and animal: for example, how can we improve animal welfare within the meat industry. When animals take part in our society however, we ought, according to (...)
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  35. On the Renting of Persons: The Neo-Abolitionist Case Against Today's Peculiar Institution.David Ellerman - 2015 - Economic Thought 4 (1):1-20.
    Liberal thought is based on the juxtaposition of consent to coercion. Autocracy and slavery were seen as based on coercion whereas today's political democracy and economic 'employment system' are based on consent to voluntary contracts. This paper retrieves an almost forgotten dark side of contractarian thought that based autocracy and slavery on explicit or implicit voluntary contracts. To answer these 'best case' arguments for slavery and autocracy, the democratic and abolitionist movements forged arguments not simply in favour of consent, but (...)
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  36. Zwierzęta jako nieosobowe podmioty prawa.Anndrzej Elzanowski & Tomasz Pietrzykowski - 2013 - Forum Prawnicze 15 (1):18-27.
    Animals as Non-personal Carriers of Legal Rights -/- The current body of knowledge about the subjectivity (cognition and value‑laden experience) of some non-human vertebrates makes the juristic dichotomy between commodities and persons untenable. While the great apes may (with some limitations) be treated as persons, most vertebrates are non-personal agents that lack the awareness of their own agency, which does not necessarily diminish the intrinsic value of their lives. Unfortunately, the ongoing efforts to raise the status and thus improve the (...)
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  37. Pro‐Tanto Versus Absolute Rights.Danny Frederick - 2014 - Philosophical Forum 45 (4):375-394.
    Judith Jarvis Thomson and others contend that rights are pro-tanto rather than absolute, that is, that rights may permissibly be infringed in some circumstances. Alan Gewirth maintains that there are some rights that are absolute because infringing them would amount to unspeakable evil. However, there seem to be possible circumstances in which it would be permissible to infringe even those rights. Specificationists, such as Gerald Gaus, Russ Shafer-Landau, Hillel Steiner and Kit Wellman, argue that all rights are absolute because they (...)
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  38. Rights Modelling.David Frydrych - 2017 - Canadian Journal of Law and Jurisprudence 30 (1):125-157.
    This paper has four aims. First it distinguishes two kinds of philosophical accounts of the ‘formal’ features of rights: models and theories. Models outline the ‘conceptually basic’ types of rights (if indeed a given model deems there to be more than one), their differences, and their relationships with duties, liabilities, etc. Theories of rights posit a supposed ultimate purpose for all rights and provide criteria for determining what counts as ‘a right’ in the first place. Second, the paper argues that (...)
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  39. Derecho e inclusión: diez aportes iusfilosóficos para la enseñanza jurídica.Marina Gorali - 2016 - Revista Digital de Carrera Docente Facultad de Derecho (Universidad de Buenos Aires):77-86.
    Los profundos niveles de asimetría, inequidad y exclusión que exhibe nuestra contemporaneidad, las deportaciones masivas de refugiados, la criminalización de la indocumentación demandan más que nunca la necesidad de impulsar nuevos modos de pensar el derecho; modos que permitan forjar un derecho inclusivo, dialógico, abierto y participativo. Llevar adelante esta tarea supone, ante todo, repensar los presupuestos filosóficos sobre los que el pensamiento jurídico se asienta. Resulta así imprescindible deconstruir ciertas categorías medulares en la conformación de la Teoría Jurídica. Esto (...)
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  40. Rights and Reason: An Introduction to the Philosophy of Rights.Jonathan Gorman - 2003 - Routledge.
    In "Rights and Reason", Jonathan Gorman sets discussion of the 'rights debate' within a wide-ranging philosophical and historical framework. Drawing on positions in epistemology, metaphysics and the theory of human nature as well as on the ideas of canonical thinkers, Gorman provides an introduction to the philosophy of rights that is firmly grounded in the history of philosophy as well as the concerns of contemporary political and legal philosophy. The book gives readers a clear sense that, just as there are (...)
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  41. "Contemporary Legal Conceptions of Property and Their Implications for Democracy".Carol C. Gould - 1980 - Journal of Philosophy 77 (11):716-729.
  42. The Will Theory of Rights: A Defence. [REVIEW]Paul Graham - 1996 - Law and Philosophy 15 (3):257 - 270.
    Hart's will theory of rights has been subjected to at least three significant criticisms. First, it is thought unable to account for the full range of legal rights. Second, it is incoherent, for it values freedom while permitting an agent the option of alienating his or her capacity for choice. Third, any attempt to remedy the first two problems renders the theory reducible to the rival benefit theory. My aim is to address these objections. I argue that will theory has (...)
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  43. The Aesthetics of Trademarks.Peter H. Karlen - 2008 - Contemporary Aesthetics 6.
    Trademarks are not just property; they are aesthetic creations that pervade everyday experience. As pervasive aesthetic creations having literary, pictorial, graphic, sculptural, and musical content, trademarks deserve aesthetic analysis. So this paper discusses the origins, strength, appeal, and effectiveness of trademarks within the context of aesthetic considerations such as meaning, intention, authorship, and mode of creation. Also reviewed are morphemic and phonemic analysis of trademarks, semantic positioning, the dichotomy between creation and discovery of trademarks, and the differences between trademarks and (...)
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  44. Authority and Interest in the Theory of Right.Nieswandt Katharina - forthcoming - In David Plunkett, Scott Shapiro & Kevin Toh (eds.), Legal Norms, Moral Norms: New Essays on Metaethics and Jurisprudence. Oxford: Oxford University Press.
    I suggest a new role for authority and interest in the theory of right: Rights can be explicated as sets of prohibitions, permissions and commands, and they must be justified by interests. I argue as follows: (1) The two dominant theories of right—“Will Theory” and “Interest Theory”—have certain standard problems. (2) These problems are systematic: Will Theory’s criterion of the ability to enforce a duty is either false or empty outside of its original legal context, whereas Interest Theory includes in (...)
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  45. The Moral Specification of Rights: A Restricted Account.Hallie Liberto - 2014 - Law and Philosophy 33 (2):175-206.
    I begin this paper by summarizing and critiquing the debate between two views: Moral Specificationism about rights and Moral Generalism about rights. I then show how the conceptual framework that Wesley Hohfeld uses to describe legal rights can also clarify the discussion of moral rights, in general, and of moral specification, in particular. Drawing upon Hohfeld’s framework, I argue for the Restricted Account of the moral specification of rights, which stakes out a middle-ground between the view that all justified exceptions (...)
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  46. The Nature and Basis of Inalienable Rights.Terrance McConnell - 1984 - Law and Philosophy 3 (1):25 - 59.
    This paper has two purposes. One is primarily (but not exclusively) conceptual and the other is normative. The first aim is to say what inalienable rights are. To explain this, inalienable rights are contrasted with the notions of forfeitable rights and absolute rights. A recent novel analysis of inalienable rights by Feinberg is explained and criticized. The first task is concluded by discussing what duties inalienable rights imply. The second aim is to see what moral principles, if any, justify designating (...)
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  47. Lost in Moral Space: On the Infringing/Violating Distinction and its Place in the Theory of Rights. [REVIEW]John Oberdiek - 2004 - Law and Philosophy 23 (4):325 - 346.
    The infringing/violating distinction, first drawn by Judith Jarvis Thomson, is central to much contemporary rights theory. According to Thomson, conduct that is in some sense opposed to a right infringes it, while conduct that is also wrong violates the right. This distinction finds a home what I call, borrowing Robert Nozick's parlance, a "moral space" conception of rights, for the infringing/violating distinction presupposes that, as Nozick puts it, "a line (or hyper-plane) circumscribes an area in moral space around an individual." (...)
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  48. How Should Claims For Religious Exemptions Be Weighed?Billingham Paul - 2017 - Oxford Journal of Law and Religion 6 (1):1-23.
    Many philosophers and jurists believe that individuals should sometimes be granted religiouslygrounded exemptions from laws or rules. To determine whether an exemption is merited in a particular case, the religious claim must be weighed against the countervailing values that favour the uniform application of the law or rule. This paper develops and applies a framework for assessing the weight of religious claims to exemption, across two dimensions. First, the importance of the burdened religious practice, which is determined by its level (...)
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  49. Is the Non-Rivalrousness of Intellectual Objects a Problem for the Moral Justification of Economic Rights to Intellectual Property?Jukka Varelius - 2015 - Science and Engineering Ethics 21 (4):895-906.
    It is often argued that the fact that intellectual objects—objects like ideas, inventions, concepts, and melodies—can be used by several people simultaneously makes intellectual property rights impossible or particularly difficult to morally justify. In this article, I assess the line of criticism of intellectual ownership in connection with a central category of intellectual property rights, economic rights to intellectual property. I maintain that it is unconvincing.
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  50. Do Patents and Copyrights Give Their Holders Excessive Control Over the Material Property of Others?Jukka Varelius - 2014 - Ethics and Information Technology 16 (4):299-305.
    The moral acceptability of intellectual property rights is often assessed by comparing them to central instances of rights to material property. Critics of intellectual ownership claim to have found significant differences. One of the dissimilarities pertains to the extent of the control intellectual property rights bestow on their holders over the material property of others. The main idea of the criticism of intellectual ownership built around that dissimilarity is that, in light of the comparison with material property rights, the power (...)
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