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  1. Book Note on Natural Rights and the Right to Choose by Hadley Arkes.Amy L. Peikoff - forthcoming - Ethics.
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  2. Moral Implications of Data-Mining, Key-Word Searches, and Targeted Electronic Surveillance.Michael Skerker - 2015 - In Bradley J. Strawser, Fritz Allhoff & Adam Henschke (eds.), Binary Bullets. Oxford, UK:
    This chapter addresses the morality of two types of national security electronic surveillance (SIGINT) programs: the analysis of communication “metadata” and dragnet searches for keywords in electronic communication. The chapter develops a standard for assessing coercive government action based on respect for the autonomy of inhabitants of liberal states and argues that both types of SIGINT can potentially meet this standard. That said, the collection of metadata creates opportunities for abuse of power, and so judgments about the trustworthiness and competence (...)
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  3. Life and Ownership: Intellectual Property Limits, From Genes to Synthetic Biology.Constantin Vica - 2015 - Ethics in Biology, Engineering and Medicine: An International Journal 6 (1-2):139-149.
    The purpose of this analysis is to widen and clarify the debate which arose during the last years around granting patents (and other ownership rights) upon different methods and mechanisms of manipulating and engineering life. In doing so, I draw a limited, prima facie argument against many sorts of entitlements or granting rights to those capable of manipulating life at its core level. The general tendency nowadays is to put pressure on the institutional setting in order to accept and promote (...)
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  4. Grotius, Hugo.Andrew Blom - 2014 - Internet Encyclopedia of Philosophy.
    Hugo Grotius (1583—1645) Hugo Grotius was a Dutch humanist and jurist whose philosophy of natural law had a major impact on the development of seventeenth century political thought and on the moral theories of the Enlightenment. Valorized by contemporary international theorists as the father of international law, his work on sovereignty, international rights of commerce […].
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  5. Natural Rights to Welfare.Siegfried Van Duffel - 2013 - European Journal of Philosophy 21 (4):641-664.
    : Many people have lamented the proliferation of human rights claims. The cure for this problem, it may be thought, would be to develop a theory that can distinguish ‘real’ from ‘supposed’ human rights. I argue, however, that the proliferation of human rights mirrors a deep problem in human rights theory itself. Contemporary theories of natural rights to welfare are historical descendants from a theory of rights to subsistence which was developed in twelfth-century Europe. According to this theory, each human (...)
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  6. Lysander Spooner: Nineteenth-Century America's Last Natural Rights Theorist.Eric Mack - 2012 - Social Philosophy and Policy 29 (2):139-176.
    Research Articles Eric Mack, Social Philosophy and Policy, FirstView Article.
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  7. Natural Science, Natural Rights, and Natural Law : Abortion in Historical Perspective.Korey D. Maas - 2011 - In Robert C. Baker & Roland Cap Ehlke (eds.), Natural Law: A Lutheran Reappraisal. Concordia Pub. House.
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  8. Self-Preservation and Natural Rights in Late Medieval and Early Modern Political Thought.Virpi Mäkinen - 2010 - In The Nature of Rights: Moral and Political Aspects of Rights in Late Medieval and Early Modern Philosophy. The Philosophical Society of Finland.
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  9. From Objective Right to Subjective Rights: The Franciscans and the Interest and Will Conceptions of Rights.Siegfried van Duffel - 2010 - In Virpi Mäkinen (ed.), The Nature of Rights: Moral and Political Aspects of Rights in Late Medieval and Early Modern Philosophy. The Philosophical Society of Finland.
  10. Explaining Natural Rights: Ontological Freedom and the Foundations of Political Discourse.Jonathan Crowe - 2009 - New York University Journal of Law and Liberty 4:70.
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  11. Metaphysics and Modernity: Natural Law and Natural Rights in Gershom Carmichael and Francis Hutcheson.Samuel Gregg - 2009 - Journal of Scottish Philosophy 7 (1):87-102.
    This paper argues that the founding fathers of the tradition of Scottish Enlightenment natural jurisprudence, Gersholm Carmichael (1672–1729) and Francis Hutcheson (1694–1746), articulated a view of rights that is pertinent to the contemporary dominance of the language of rights. Maintaining a metaphysical foundation for rights while drawing upon the early-modern Protestant natural law tradition, their conception of rights is more significantly indebted to the pre-modern scholastic natural law tradition than often realized. This is illustrated by exploring some of the background (...)
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  12. Spinoza on Being Sui Iuris and the Republican Conception of Liberty.Justin D. Steinberg - 2008 - History of European Ideas 34 (3):239-249.
    Spinoza's use of the phrase “sui iuris” in the Tractatus Politicus gives rise to the following paradox. On the one hand, one is said to be sui iuris to the extent that one is rational; and to the extent that one is rational, one will steadfastly obey the laws of the state. However, Spinoza also states that to the extent that one adheres to the laws of the state, one is not sui iuris, but rather stands under the power [sub (...)
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  13. Are There Still Any Natural Rights?Hillel Steiner - 2008 - In Matthew H. Kramer (ed.), The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy. Oxford University Press.
  14. Scanlon as Natural Rights Theorist.Eric Mack - 2007 - Politics, Philosophy and Economics 6 (1):45-73.
    This article examines the character of Scanlon’s contractualism as presented in What We Owe to Each Other . I offer a range of reasons for thinking of Scanlon’s contractualism as a species of natural rights theorizing. I argue that to affirm the principle that actions are wrongful if and only if they are disallowed by principles that people could not reasonably reject is equivalent to affirming a natural right (of an admittedly non-standard sort) against being subject to such reasonably disallowed (...)
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  15. Natural Law, Laws of Nature, Natural Rights. By Francis Oakley.John Sullivan - 2007 - Heythrop Journal 48 (2):309–311.
  16. Natural Law, Religion, and Rights: An Exploration of the Relationship Between Natural Law and Natural Rights, with Special Emphasis on the Teachings of Thomas Hobbes and John Locke.Henrik Syse - 2007 - St. Augustine's Press.
    The Euthyphro problem and the natural law : an investigation of some aspects of the medieval debate on natural law -- Aristotle : natural law and man in the "metaxy" -- St. Thomas Aquinas : the "lex naturalis" -- Thomas Hobbes : The state of nature and natural rights -- John Locke : natural law, natural rights and God -- Concluding remarks and a heavenly dialogue.
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  17. The Stoic Origin of Natural Rights.Phillip Mitsis - 2006 - Philosophical Inquiry 28 (1-2):159-178.
  18. “Natural Rights and Two Conceptions of Promising”.Peter Vallentyne - 2006 - Chicago-Kent Law Review 81 (9):9-19.
    Does one have an obligation to keep one’s promises? I answer this question by distinguishing between two broad conceptions of promising. On the normativized conception of promising, a promise is made when an agent validly offers to undertake an obligation to the promisee to perform some act (i.e., give up a liberty-right in relation to her) and the promisee validly accepts the offer. Keeping such promises is morally obligatory by definition. On the non- normativized conception, the nature of promising does (...)
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  19. Toward a Theory of Empirical Natural Rights.John Hasnas - 2005 - Social Philosophy and Policy 22 (1):111-147.
    Natural rights theorists such as John Locke and Robert Nozick provide arguments for limited government that are grounded on the individual's possession of natural rights to life, liberty, and property. Resting on natural rights, such arguments can be no more persuasive than the underlying arguments for the existence of such rights, which are notoriously weak. In this article, John Hasnas offers an alternative conception of natural rights, “empirical natural rights,” that are not beset by the objections typically raised against traditional (...)
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  20. Natural Rights and Political Legitimacy.Christopher W. Morris - 2005 - Social Philosophy and Policy 22 (1):314-329.
    If we have a natural right to liberty, it is hard to see how a state could be legitimate without first obtaining the (genuine) consent of the governed. I consider the threat natural rights pose to state legitimacy. I distinguish minimal from full legitimacy and explore different understandings of the nature of our natural rights. Even though I conclude that natural rights do threaten the full legitimacy of states, I suggest that understanding our natural right to liberty to be grounded (...)
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  21. Morality Matters.Roger Trigg - 2005 - Blackwell.
    What is natural? -- Human nature and natural law -- Human rights -- Natural rights and law -- The rule of law -- The public and the private -- Groups and individuals -- Patriotism and nationalism -- One world : a global ethic? -- Character and principle -- Morality and human nature.
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  22. Natural Rights and Imperial Constitutionalism: The American Revolution and the Development of the American Amalgam.Michael Zuckert - 2005 - Social Philosophy and Policy 22 (1):27-55.
    Robert Nozick worked in a Lockean tradition of political philosophy, a tradition with deep resonance in the American political culture. This paper attempts to explore the formative moments of that culture and at the same time to clarify the role of Lockean philosophy in the American Revolution. One of the currently dominant approaches to the revolution emphasizes the colonists' commitments to their rights, but identifies the relevant rights as “the rights of Englishmen,” not natural rights in the Lockean mode. This (...)
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  23. Natural Rights Liberalism From Locke to Nozick: Volume 22, Part 1.Ellen Frankel Paul, Fred Dycus Miller & Jeffrey Paul (eds.) - 2004 - Cambridge University Press.
    This collection of essays is dedicated to the memory of the late Harvard philosopher Robert Nozick, who died in 2002. The publication of Nozick's Anarchy, State, and Utopia in 1974 revived serious interest in natural rights liberalism, which, beginning in the latter half of the eighteenth century, had been eclipsed by a succession of antithetical political theories including utilitarianism, progressivism, and various egalitarian and collectivist ideologies. Some of our contributors critique Nozick's political philosophy. Other contributors examine earlier figures in the (...)
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  24. Libertarian Natural Rights.Siegfried van Duffel - 2004 - Critical Review: A Journal of Politics and Society 16 (4):353-375.
    Non-consequentialist libertarianism usually revolves around the claim that there are only “negative,” not “positive,” rights. Libertarian nega- tive-rights theories are so patently problematic, though, that it seems that there is a more fundamental notion at work. Some libertarians think this basic idea is freedom or liberty; others, that it is self-ownership. Neither approach is satis- factory.
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  25. Natural Rights and Individual Sovereignty.Siegfried Van Duffel - 2004 - Journal of Political Philosophy 12 (2):147–162.
    TO assert that one should come to terms with the past if one wants to understand the present would be to underline the obvious. And yet, even though we know much more of the history of natural rights theories now, especially of the origin of these theories before the seventeenth century, than we did, say, twenty years ago, this increase in knowledge seems to have had little impact on contemporary philosophical discussions about the nature of rights. Sometimes it seems that (...)
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  26. Human Rights, Natural Rights, And Europe’s Imperial Legacy.Anthony Pagden - 2003 - Philosophy Today 31 (2):171-199.
    The author argues the concept of human rights is a development of the older notion of natural rights and that the modern understanding of natural rights evolved in the context of the European struggle to legitimate its overseas empires. The French Revolution changed this by, in effect, linking human rights to the idea of citizenship. Human rights were thus tied not only to a specific ethical-legal code but also implicitly to a particular kind of political system, both of inescapably European (...)
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  27. The Unavailability of the Ordinary.Robert Pippin - 2003 - Political Theory 31 (3):335-358.
    In Natural Right and History Leo Strauss argues for the continuing “relevance” of the classical understanding of natural right. Since this relevance is not a matter of a direct return, or a renewed appreciation that a neglected doctrine is simply true, the meaning of this claim is some- what elusive. But it is clear enough that the core of Strauss’s argument for that relevance is a claim about the relation between human experience and philosophy. Strauss argues that the classical understanding (...)
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  28. Natural Rights on the Threshold of the Scottish Enlightenment the Writings of Gershom Carmichael.Gershom Carmichael - 2002 - Liberty Fund.
    An important figure in the natural law tradition and in the Scottish Enlightenment, Gershom Carmichael defended a strong theory of rights and drew attention to Grotius, Pufendorf, and Locke. Gershom Carmichael was a teacher and writer who played an important role in the Scottish Enlightenment of the eighteenth century. His philosophy focused on the natural rights of individuals--the natural right to defend oneself, to own the property on which one has labored, and to services contracted for with others. Carmichael argued (...)
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  29. Ethical Individualism, Natural Law, and the Primacy of Natural Rights.Douglas J. Den Uyl & Douglas B. Rasmussen - 2001 - Social Philosophy and Policy 18 (1):34-69.
    Whether or not Strauss's observation is historically accurate, it does suggest two sets of questions for philosophical examination. (1) Is Strauss correct to view natural duties and natural rights as the same type of ethical concept? Do they serve the same function? Do they work on the same level, and are they necessarily in competition with each other? (2) Does saying that the individual human being is the center of the moral world require that one reject the idea of a (...)
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  30. Are Worlds Without Natural Rights Morally Impoverished?Derrick Darby - 1999 - Southern Journal of Philosophy 37 (3):397-417.
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  31. Book Reviews : The Idea of Natural Rights: Studies on Natural Rights, Natural Law and Church Law, 1150-1625, by Brian Tierney. Atlanta: Scholars Press, 1997. 380 Pp. Pb. No Price. ISBN 0-7885-0355-3. [REVIEW]Joan Lockwood O'Donovan - 1999 - Studies in Christian Ethics 12 (2):102-109.
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  32. The Influence of Utilitarianism on Natural Rights Doctrines: Gregory I. Molivas.Gregory I. Molivas - 1997 - Utilitas 9 (2):183-202.
    This paper shows that the perceived difference between utilitarianism and natural rights theories in the eighteenth century was much less sharp than that in the twentieth century. This is demonstrated by exploring Josiah Tucker's critique of Locke and his disciples and the way in which the latter responded to it. Tucker's critique of Locke was based on a sharp distinction between a conception of natural rights as individual entitlements and the conception of the public good. The disciples of Locke did (...)
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  33. Richard Price, the Debate on Free Will, and Natural Rights.Gregory I. Molivas - 1997 - Journal of the History of Ideas 58 (1):105-123.
  34. Are There Natural Rights in Aristotle?Richard Kraut - 1996 - Review of Metaphysics 49 (4):755 - 774.
    Before going any further, something should be said about the word "natural" that appears in my title. Miller distinguishes two ways in which rights can be called natural, and holds that Aristotle recognizes natural rights in one sense but not the other. First, "natural" can be contrasted with "conventional," "legal," and "customary." This is the familiar distinction the Greeks made between physis and nomos. Aristotle makes use of the distinction when he contrasts natural and legal justice. According to Miller, Aristotle (...)
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  35. Aristotle's Place in the History of Natural Rights.A. S. McGrade - 1996 - Review of Metaphysics 49 (4):803 - 829.
    Not everyone agreed with Barker when he wrote those words. Few students of the Politics would agree with him today. Disagreement comes from different sides. On one hand--the "rights" hand, one might call it--Karl Popper argued in 1945 in The Open Society and its Enemies that Aristotle's essentialism was less interesting than Platonism but equally congenial to modern totalitarianism. On the other hand--call it the "anti-rights" hand --scholars such as Alasdair MacIntyre and the legal historian Michel Villey would have it (...)
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  36. Aristotle and the Origins of Natural Rights.Fred D. Miller Jr - 1996 - Review of Metaphysics 49 (4):873-907.
  37. Natural Rights and the Individualism Versus Collectivism Debate.Susan Leigh Anderson - 1995 - Journal of Value Inquiry 29 (3):307-316.
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  38. The Groundlessness of Natural Rights.Ingmar Persson - 1994 - Utilitas 6 (1):9.
    Today talk of rights is very much in vogue both in philosophical and popular ethics; so much so that it is common to find even philosophers unabashedly going straight to discussing what rights we have without touching on what their foundation might be. This is so in spite of there being a time-honoured tradition of scepticism about rights, conceived as ‘natural’ ones, going back at least to Jeremy Bentham. The present paper is intended as a contribution to this sceptical tradition (...)
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  39. Natural Ends and Natural Rights.Jeffrey Paul - 1993 - Reason Papers 18:107-113.
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  40. Natural Rights Liberalism.Tibor R. Machan - 1990 - Philosophy and Theology 4 (3):253-265.
    Classical Iiberalism has at least two distinct strains. Its natural rights version requires extensive use of moral concepts. Some denigrate this tradition on grounds that it has been made obsolete by empiricist epistemology and materialist metaphysics. Since that tradition requires knowledge of moral truth and since empiricism precludes this, the tradition is hopeless. Since it also requires a teleological explanation of human action, and since mechanism precludes this, the hopelessness of the tradition is compounded. I argue that neither the empiricist (...)
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  41. Sumner on Natural Rights.Thomas Hurka - 1989 - Dialogue 28 (1):117-.
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  42. Thomas Paine: Ransom, Civil Peace, and the Natural Right to Welfare.John W. Seaman - 1988 - Political Theory 16 (1):120-142.
  43. Can Ownership Be Justified by Natural Rights?John Christman - 1986 - Philosophy and Public Affairs 15 (2):156-177.
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  44. The Critique of Natural Rights and the Search for a Non-Anthropocentric Basis for Moral Behavior.Michael E. Zimmerman - 1985 - Journal of Value Inquiry 19 (1):43-53.
    MacIntyre, Clark, and Heidegger would all agree that the current problem with moral theory is its lack of a satisfactory conception of human telos. This lack leads us to resort to such fictions as rights, interests, and utility, which are “disguises for the will to power.” Ibid., p. 240. These thinkers would also agree that modern nation-states are cut off from the roots of the Western tradition. Modern political economy, with “its individualism, its acquisitiveness and its elevation of the values (...)
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  45. Tort Liability for Breach of Statute: A Natural Rights Perspective. [REVIEW]J. Robert, S. Prichard & Alan Brudner - 1983 - Law and Philosophy 2 (1):89-117.
    This essay applies Hegel's theory of remedies to the question of whether and when breach of a penal statute should attract civil liability in tort. For Hegel, the purpose of a remedy is to vindicate the human right to self-determination by refuting the claim to validity implied in intentional or negligent acts that infringe this right. Accordingly, in determining the civil effect of legislation, a distinction must be made between statutes that effectuate pre-existing rights and those which create new rights (...)
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  46. Natural Rights Theories: Their Origin and Development.Thomas Landon Thorson - 1983 - Journal of the History of Philosophy 21 (1):101-102.
  47. Book Review:Natural Law and the Natural Rights. John Finnis. [REVIEW]David A. J. Richards - 1982 - Ethics 93 (1):169-.
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  48. Natural Law and Natural Rights.Joseph M. Boyle Jr - 1981 - New Scholasticism 55 (2):245-247.
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  49. John Locke and Natural Human Rights: An Inconsistency Between His Metaphysical/Epistemological Positions and His Moral/Political Theories.Robert Dennis Hall - 1981 - Dissertation, St. John's University (New York)
    The author concentrates on John Locke's doctrine of natural rights, particularly in light of the latter's metaphysical views. Locke's denial of the objectivity of certain metaphysical principles, e.g., substance, and his polemics against the science of metaphysics itself, weaken his position as an advocate of natural rights. In the mind of the author, the negation of objective certitude concerning metaphysical principles of substance, formal causality, final causality, and so forth, erodes the basis, sufficient for a natural rights doctrine. The problem (...)
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  50. Natural Rights: A Reappraisal. [REVIEW]Peter Ingram - 1981 - Journal of Value Inquiry 15 (1):3-18.
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