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  1. added 2020-05-25
    The Moral Grounds of Reasonably Mistaken Self‐Defense.Renée Jorgensen Bolinger - forthcoming - Philosophy and Phenomenological Research.
    Some, but not all, of the mistakes a person makes when acting in apparently necessary self-defense are reasonable: we take them not to violate the rights of the apparent aggressor. I argue that this is explained by duties grounded in agents' entitlements to a fair distribution of the risk of suffering unjust harm. I suggest that the content of these duties is filled in by a social signaling norm, and offer some moral constraints on the form such a norm can (...)
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  2. added 2020-03-24
    Mercy, Retributivism, and Harsh Punishment.Stephen Kershnar - 2000 - International Journal of Applied Philosophy 14 (2):209-224.
    In this article I argue that mercy does not prevent the imposition of harsh punishment from being morally permissible. This article has two parts. In the first part, I argue that mercy is an imperfect duty, because only such a duty-type explains the attributes that are commonly ascribed to mercy. In the second part, I argue that mercy does not present a sufficient moral reason against the regular imposition of harsh punishment because it neither undermines nor systematically overrides or weakens (...)
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  3. added 2018-11-11
    Informants, Police, and Unconscionability.Luke William Hunt - 2018 - Institute of Art and Ideas (IAI Online Magazine).
    Essay exploring the extent to which certain agreements between the police and informants are an affront (both procedurally and substantively) to basic tenets of the liberal tradition in legal and political philosophy.
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  4. added 2018-11-11
    What We Talk About When We Talk About Dignity in Policing.Luke William Hunt - 2018 - Virginia Criminal Justice Bulletin 3 (2).
    This essay sketches various conceptions of dignity and how those conceptions might be relevant to police brutality and legal rights.
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  5. added 2018-02-16
    Interactive Justice: A Proceduralist Approach to Value Conflict in Politics.Emanuela Ceva - 2016 - Routledge.
    Contemporary societies are riddled with moral disputes caused by conflicts between value claims competing for the regulation of matters of public concern. This familiar state of affairs is relevant for one of the most important debates within liberal political thought: should institutions seek to realize justice or peace? Justice-driven philosophers characterize the normative conditions for the resolution of value conflicts through the establishment of a moral consensus on an order of priority between competing value claims. Peace-driven philosophers have concentrated, perhaps (...)
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  6. added 2017-11-22
    Compensation and Proportionality in War.Saba Bazargan-Forward - 2017 - In Claire Finkelstein, Larry Larry & Jens David Ohlin (eds.), Weighing Lives in War. Oxford University Press).
    Even in just wars we infringe the rights of countless civilians whose ruination enables us to protect our own rights. These civilians are owed compensation, even in cases where the collateral harms they suffer satisfy the proportionality constraint. I argue that those who authorize or commit the infringements and who also benefit from those harms will bear that compensatory duty, even if the unjust aggressor cannot or will not discharge that duty. I argue further that if we suspect antecedently that (...)
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  7. added 2017-11-22
    Standards of Risk in War and Civil Life.Saba Bazargan-Forward - 2017 - In Florian Demont-Biaggi (ed.), The Nature of Peace and the Morality of Armed Conflict. Palgrave.
    Though the duties of care owed toward innocents in war and in civil life are at the bottom univocally determined by the same ethical principles, Bazargan-Forward argues that those very principles will yield in these two contexts different “in-practice” duties. Furthermore, the duty of care we owe toward our own innocents is less stringent than the duty of care we owe toward foreign innocents in war. This is because risks associated with civil life but not war (a) often increase the (...)
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  8. added 2017-08-14
    Privacy.Edmund Byrne - 1998 - In Encyclopedia of Applied Ethics. San Diego: Academic Press. pp. 649-659.
    Privacy involves a zone of inaccessibility in a particular context. In social discourse it pertains to activities that are not public, the latter being by definition knowable by outsiders. The public domain so called is the opposite of secrecy and somewhat less so of confidentiality. The private sphere is respected in law and morality, now in terms of a right to privacy. In law some violations of privacy are torts. Philosophers tend to associate privacy with personhood. Professional relationships are prima (...)
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  9. added 2016-02-08
    Street Art: A Reply to Riggle.Andrea Baldini - 2016 - Journal of Aesthetics and Art Criticism 74 (2):187-191.
    In this paper, I critically discuss Riggle’s definition of street art. I argue that his definition has important limitations, and is therefore unsuccessful. I show that his view obscures a defining feature of street art, that is, its subversive power. As a significant consequence of ignoring that essential aspect, Riggle is incapable of fully understanding how street art transforms public space by turning one corner of the city at the time into contested ground. I also suggest that, when appreciating street (...)
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  10. added 2014-09-02
    Are Rawlsians Entitled to Monopoly Rights?Speranta Dumitru - 2008 - In A. Gosseries, A. Marciano & A. Strowel (eds.), Intelectual Property and Theories of Justice. Palgrave-MacMilan.
    Are intellectual property rights for talented people justified by Rawls’ criteria of justice? In this paper, I argue that Rawls’ theory of justice is ill-equipped to answer this question. Tailored for rival goods and, as a result, centred on the distribution of benefits, it tends to restate questions of justice about unequal rights as questions about economic inequalities. Therefore, it lacks the tools necessary to distinguish among different forms of incentives for talented people. Once social and economic inequalities observe equality (...)
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  11. added 2014-08-16
    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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  12. added 2014-04-13
    An Egalitarian Plateau? Challenging the Importance of Ronald Dworkin’s Abstract Egalitarian Rights.Alexander Brown - 2007 - Res Publica 13 (3):255-291.
    Ronald Dworkin’s work on the topic of equality over the past twenty-five years or so has been enormously influential, generating a great deal of debate about equality both as a practical aim and as a theoretical ideal. The present article attempts to assess the importance of one particular aspect of this work. Dworkin claims that the acceptance of abstract egalitarian rights to equal concern and respect can be thought to provide a kind of plateau in political argument, accommodating as it (...)
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  13. added 2014-04-13
    The Rights of Others and the Boundaries of Democracy.Rainer Bauböck - 2007 - European Journal of Political Theory 6 (4):398-405.
    Benhabib argues that the tension between universal human rights and democratic self-determination cannot be resolved. Distinguishing between the principle of rights, on the one hand, and context-specific `schedules of rights', on the other hand, helps, however, to specify the scope of both norms. I show that applying this idea to questions of citizenship requires further elaboration in three respects: (1) Benhabib's argument for porous rather than open borders, which does not fully address the challenge of global distributive justice; (2) norms (...)
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  14. added 2014-04-13
    Justice as Impartiality: A Treatise on Social Justice, Volume Ii.Brian Barry - 1996 - Clarendon Press.
    For over twenty years, Brian Barry has been writing on the foundations of a liberal-democratic constitutional order. Standing against the trend towards relativism in political philosophy, Barry offers a contemporary restatement of the Enlightenment idea that certain basic principles can validly claim the allegiance of every reasonable human being.
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