Rights

Edited by Tom Dougherty (University of North Carolina, Chapel Hill)
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History/traditions: Rights

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  1. H.L.A. Hart, Scott Soames, and the Priority of Liberty Rights Over Economic Gains.Terence Rajivan Edward - manuscript
    This paper responds to material from Scott Soames’s wide ranging book The World Philosophy Made, material which I am actually tempted to overlook. Soames adds a detail to a criticism H.L.A. Hart makes of John Rawls, but I argue that Soames cannot consistently endorse this criticism, given his acceptance of trickle-down economics and his aspiration to cohere with a dominant strand of right-wing American philosophy.
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  2. Necessity, Rights, and Rationing in Compulsory Research.G. Owen Schaefer & Anantharaman Muralidharan - 2022 - Wiley: Hastings Center Report 52 (3).
    Hastings Center Report, Volume 52, Issue 3, Page 31-33, May–June 2022.
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  3. Rights at Risk : Ethical Issues in Risk Management.Hélène Hermansson - 2007 - Dissertation, Royal Institute of Technology, Stockholm
    he subject of this thesis is ethical aspects of decision-making concerning social risks. It is argued that a model for risk management must acknowledge several ethical aspects and, most crucial among these, the individual’s right not to be unfairly exposed to risks. Article I takes as its starting point the demand frequently expressed in the risk literature for consistent risk management. It is maintained that a model focusing on cost-benefit analysis does not respect the rights of the individual. Two alternative (...)
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  4. Rights, Capabilities and Recognition.Valentina Erasmo - 2022 - Critical Hermeneutics 5 (2).
    This paper follows Ricoeur’s trajectory and strategy of thought in his final works, bringing into discussion aspects of Sen’s texts and relevant commentary by other scholars. The main result of this paper is to offer an alternative reading compared to the literature, highlighting how Ricoeur is indebted to Sen but also considering how the two differ in order to reach a more equilibrate view of their “dialogue”. Among their analogies, Ricoeur explicitly recognized Sen’s influence in his transition from self-recognition to (...)
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  5. Reconsidering Burke’s and Arendt’s Theories on “The Rights of Man”: A Surprising Plot Twist?Ioannes Chountis - 2021 - Conatus 6 (1).
    Edmund Burke can perhaps be considered as the father of modern conservatism. Hannah Arendt was a very eclectic thinker who embraced ideas from the traditions of liberalism and republicanism. They both commented on the issue of the “Rights of Man” and rejected their abstract and metaphysical nature. And, it was Arendt who saw a ‘certain pragmatism’ in Burke’s ideas. Is this coincidence of opinion a surprising plot twist? An unintentional ‘alliance’ against the naturalness of the “Rights of Man?” This paper (...)
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  6. Social Rights and Deontological Constraints.Eduardo Rivera-López - 2019 - Law, Ethics and Philosophy 6.
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  7. Cosmozoopolis: The Case Against Group-Differentiated Animal Rights.Cochrane Alasdair - unknown
    This paper claims that relational position and group-based distinctions are less important in determining the rights of animals than Zoopolis concludes. In particular, it argues that the theory of animal rights developed in Zoopolis is vulnerable to some of the critiques that are made against theories which differentiate the rights of humans on the basis of group-based distinctions. For example, in the human context, group-differentiated theories of rights have been criticised on a number of important grounds: for failing to extend (...)
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  8. Rights’ Global History. The Making and Unmaking of the History of the Rights of Man According to a Non-Eurocentric Perspective.Gustavo Gozzi - 2021 - Athena 1 (1):187-213.
    This paper expresses the effort to reinterpret the history of the rights of man, and of human rights thereafter then, from a non-Eurocentric perspective. This is a very specific project that naturally is not meant to retrace the phases of the Western history of rights, but neither is the point to compare the Western conception with those of other legal traditions, such as the Islamic one. In short, the attempt is not to read the history of the rights of man (...)
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  9. Necessity of Observing Patient’s Rights: A Survey on the Attitudes of Patients, Nurses and Physicians.A. Parsapoor, K. Mohammad, H. Malek Afzali, F. Ala’Eddini & B. Larijani - 2012 - Journal of Medical Ethics and History of Medicine 5.
    Studying the situation of observance of patients' rights and interaction of those individuals who provide and/or receive health services are regarded as the most significant and salient parameters of qualitative evaluation of health services. The main aim of this study is to compare the attitudes of patients as recipients of healthcare services with those of physicians and nurses as representatives of healthcare providers regarding the necessity of observance of various aspects of patients' rights in three hospitals selected as representing the (...)
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  10. The Right to Know: Epistemic Rights, and Why We Need Them: Watson, Lani, Abingdon: Routledge, 2021, Pp. Xiii + 109, £44.99 (Hardback).Joshua Habgood-Coote - 2022 - Australasian Journal of Philosophy 100 (2):426-427.
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  11. The Factor of Consumer Rights Protection as a Criterion for Social System Development.Armen Haykyants & Shushanik Ghukasyan - 2022 - Wisdom 22 (2):30-39.
    The Article studies the scope and the essence of consumer rights based on the study of international experience and national legislation of the Republic of Armenia. The article presents the principal vulnerabilities of the consumer protection system in the Republic of Armenia. The need for the state to pay more attention to the issues of envisaging effective structures to protect consumers’ rights and legal interests was substantiated. As a result of the study, it was substantiated that the essence of the (...)
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  12. Neo-Republicanism’s Methodological Commitments and Individual Rights.M. Victoria Costa - 2022 - Theoria 69 (171):119-139.
    This article considers why the influential neo-republicans Philip Pettit and Richard Bellamy tend to minimise or deny the role that natural or moral rights play in republican thought. It argues that their specific views about the theoretical role of such rights are motivated by methodological commitments. In Pettit’s case the commitments are to consequentialism and formalism, while in Bellamy’s it is to proceduralism. But these commitments get in the way of providing a fully adequate account of the value of freedom (...)
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  13. Epistemic Responsibility, Rights, and Duties During the Covid-19 Pandemic.Artur Karimov, Andrea Lavazza & Mirko Farina - forthcoming - Social Epistemology:1-17.
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  14. Meaningful and Meaningless Rights Proclamations.Giulio Fornaroli - forthcoming - Jurisprudence:1-24.
    Rights proclamations are often alleged to be meaningless – ‘nonsense upon stilts’. But what makes a rights proclamation meaningful? In general, I argue, meaningful rights proclamations presuppose t...
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  15. The Right Recognition of Rights.Bruce Jennings - forthcoming - Hastings Center Report.
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  16. In Defense of Vaccine Mandates: An Argument From Consent Rights.Daniel A. Wilkenfeld & Christa M. Johnson - 2022 - Public Health Ethics 15 (1):27-40.
    This article will focus on the ethical issues of vaccine mandates and stake claim to the relatively extreme position that outright requirements for people to receive the vaccine are ethically correct at both the governmental and institutional levels. One novel strategy employed here will be to argue that deontological considerations pertaining to consent rights cut as much in favor of mandating vaccines as against them. The presumption seems to be that arguments from consent speak semi-definitively against forcing people to inject (...)
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  17. Organizing for Sex Workers’ Rights in Montreal: Resistance and Advocacy.Jamilah Watson - 2022 - Ethics and Social Welfare 16 (2):235-237.
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  18. Integrity and Rights to Gender-Affirming Healthcare.R. A. Rowland - forthcoming - Journal of Medical Ethics.
    Gender-Affirming healthcare (GAH) interventions are medical or surgical interventions that aim to allow trans and non-binary people to better affirm their gender identity. It has been argued that rights to GAH must be grounded in either a right to be cured of or mitigate an illness—gender dysphoria—or in harm-prevention, given the high rates of depression and suicide amongst trans and non-binary people. However, these grounds of a right to GAH conflict with the prevalent view amongst theorists, institutions, and activists that (...)
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  19. Water Rights and the Common Wealth.Eric T. Freyfogle - 1996 - Environmental Law 26 (1):27-51.
    Many observers look to water marketing as the primary tool to meet new needs for water in the West and to bring an end to the most environmentally damaging water uses. In this provocative Essay, Professor Eric Freyfogle takes issue with this view, on grounds of economics, ecology, and ethics. Because of externalities and other systemic flaws, he argues, water markets offer little promise of bringing about efficient water-use practices. As importantly, market reasoning perpetuates the misguided view that nature is (...)
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  20. The Rights of Nature.Charles Frankel - 1976 - In . Ballinger Publishing Co..
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  21. A Standing Asymmetry Between Blame and Forgiveness.Kyle G. Fritz & Daniel J. Miller - 2022 - Ethics 132 (4):759-786.
    Sometimes it is not one’s place to blame or forgive. This phenomenon is captured under the philosophical notion of standing. However, there is an asymmetry to be explained here. One can successfully blame, even if one lacks the standing to do so. Yet, one cannot successfully forgive if one lacks the standing to do so. In this article we explain this asymmetry. We argue that a complete explanation depends on not only a difference in the natures of the standing to (...)
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  22. Is Refugee Education Indeed Educational? The Freirean Perspective to Refugee Education Beyond Humanitarian, Rights, or Development Rationale.Subin Sarah Yeo & Sung-Sang Yoo - forthcoming - Educational Philosophy and Theory:1-11.
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  23. Liberal Democracy and the Rights of Nature: The Struggle for Inclusion.Robyn Eckersley - 1995 - Environmental Politics 4 (4):169-198.
    Is there a necessary, in‐principle connection between ecocentric values and democracy or is the relationship merely contingent? Is it possible to incorporate the interests of the non‐human community into the ground rules of democracy? Through an immanent ecological critique of the regulative ideals and institutions of liberal democracy, it is suggested that ecocentric values and democracy can be connected to some extent ‐ at least in the same way that liberalism and democracy are connected ‐ through an extension of the (...)
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  24. Environmental Racism Claims Brought Under Title VI of the Civil Rights Act.Michael Fisher - 1995 - Environmental Law 25 (2):285-334.
    Mr. Fisher evaluates the usefulness of Title VTs prohibition on discrimination in federal funding to the environmental justice movement, focusing on the evidentiary demands that a title VI case presents and concluding that a Title VI approach to litigation would overcome the doctrinal barriers that have frustrated past attempts to apply civil rights laws to the problem of discrimination.
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  25. From Industrial to Digital Citizenship: Rethinking Social Rights in Cyberspace.Federico Tomasello - forthcoming - Theory and Society.
    Growing social inequalities represent a major concern associated with the Digital Revolution. The article tackles this issue by exploring how welfare regulations and redistribution policies can be rethought in the age of digital capitalism. It focuses on the history and enduring crisis of social citizenship rights in their connection with technological changes, in order to draw a comparison between the industrial and the digital scenario. The first section addresses the link between the Industrial Revolution and the genesis of social rights. (...)
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  26. Animal Rights and Moral Philosophy.Frank Schalow - 2006 - Environmental Values 15:132-134.
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  27. “Women’s Rights in Kenya Since Independence: The Complexities of Kenya’s Legal System and the Opportunities of Civic Engagement”.Gail M. Presbey - 2022 - Journal of Social Encounters 6 (1):32-48.
    Since Kenya gained independence from Britain in 1963, women’s rights in the country have made slow gains and suffered some setbacks. However, the rights of women and their guaranteed participation in politics was outlined in Kenya’s 2010 Constitution. This paper will survey some of those gains as well as describe the social backlash experienced by women leaders who have been trailblazers in post-colonial Kenyan politics.
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  28. Individual Rights in Schleiermacher’s Limited Communitarian State.C. Jeffery Kinlaw - 2022 - British Journal for the History of Philosophy 30 (4):687-706.
    In his lectures on ethics and on the state Schleiermacher develops a theory of a limited communitarian state, one that purports to balance individual interests and rights with the more general aims...
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  29. Why Animals Have No Rights.William Matthew Diem - 2022 - American Catholic Philosophical Quarterly 96 (3):485-497.
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  30. Animal Subjects and Animal Rights.Paul A. Macdonald Jr - 2022 - American Catholic Philosophical Quarterly 96 (3):499-504.
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  31. Expanding the Domain of Justice to Include Animals and Animal Rights.Paul A. Macdonald Jr - 2022 - American Catholic Philosophical Quarterly 96 (3):473-484.
  32. Why Moral Rights of Free Speech for Business Corporations Cannot Be Justified.Ava Thomas Wright - 2021 - Southwest Philosophy Review 37 (1):187-198.
    In this paper, I develop two philosophically suggestive arguments that the late Justice Stevens made in Citizens United against the idea that business corporations have free speech rights. First, (1) while business corporations conceived as real entities are capable of a thin agency conceptually sufficient for moral rights, I argue that they fail to clear important justificatory hurdles imposed by interest or choice theories of rights. Business corporations conceived as real entities lack an interest in their personal security; moreover, they (...)
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  33. The Right Recognition of Rights.Bruce Jennings - forthcoming - Wiley: Hastings Center Report.
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  34. The Domestic Struggle for Traditional Medical Knowledge Rights.Nan Xia - forthcoming - Wiley: Developing World Bioethics.
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  35. Andrew I. Cohen: Apologies and Moral Repair: Rights, Duties, and Corrective Justice. Routledge, 2020. Hardback (978-0-367-90103-5), $160. 216 Pages. [REVIEW]Per-Erik Milam - forthcoming - Ethical Theory and Moral Practice:1-3.
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  36. The Domestic Struggle for Traditional Medical Knowledge Rights.Nan Xia - forthcoming - Developing World Bioethics.
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  37. Against Procreative Moral Rights.Jake Earl - 2022 - Bioethics 36 (5):569-575.
    Many contemporary ethical debates turn on claims about the nature and extent of our alleged procreative moral rights: moral rights to procreate or not to procreate as we choose. In this article, I argue that there are no procreative moral rights, in that generally we do not have a distinctive moral right to procreate or not to procreate as we choose. However, interference with our procreative choices usually violates our nonprocreative moral rights, such as our moral rights to bodily autonomy (...)
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  38. Why Indigenous Land Rights Have Not Been Superseded – a Critical Application of Waldron’s Theory of Supersession.Kerstin Reibold - 2022 - Critical Review of International Social and Political Philosophy 25 (4):480-495.
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  39. Strikes, civil rights, and radical disobedience: From King to Debs and back.Alex Gourevitch - forthcoming - Contemporary Political Theory:1-22.
    Recent scholarship has insisted on a more historically attentive approach to civil disobedience. This article follows their lead by arguing that the dominant understanding of civil disobedience relies on a conceptual confusion and a historical mistake. Conceptually, the literature fails to distinguish between violating a law and defying the authority of a legal order. Historically, the literature misreads the exemplary case of Martin Luther King Jr. in Birmingham, Alabama. When read in its proper context, we can see King was not (...)
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  40. Who Is Intolerant? The Clash Between LGBTQ+ Rights and Religious Free Exercise.Rogers M. Smith - 2022 - Critical Review: A Journal of Politics and Society 34 (1):146-158.
    ABSTRACT Few denials of tolerance are more severe than rejection of the moral worth of another’s way of life. In the U.S. today, many traditional religious believers, especially fundamentalist Christians, and many LGBQT+ persons see each other’s ways of life as deeply evil in important respects. These gulfs probably cannot be bridged; but public policies can and should seek to accommodate all claims of conscience as far as this can be done without denying anyone meaningful possession of basic rights. By (...)
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  41. Privacy Rights, and Why Negative Control is Not a Dead End: A Reply to Munch and Lundgren.Jakob Thrane Mainz & Rasmus Uhrenfeldt - 2021 - Res Publica 28 (2):391-400.
    Lauritz Munch and Björn Lundgren have recently replied to a paper published by us in this journal. In our original paper, we defended a novel version of the so-called ‘control theory’ of the moral right to privacy. We argued that control theorists should define ‘control’ as what we coined ‘Negative Control’. Munch and Lundgren have recently provided a range of interesting and challenging objections to our view. Independently of each other, they give almost identical counterexamples to our definition of Negative (...)
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  42. Gendering Islamophobia at the Crossroad of Conflicting Rights.Debora Spini - 2022 - Sage Publications Ltd: Philosophy and Social Criticism 48 (4):556-567.
    Philosophy & Social Criticism, Volume 48, Issue 4, Page 556-567, May 2022. The presence of Muslims in the European public spheres has raised a hoist of debates concerning issues of neutrality, tolerance, and secularism. All over Europe, Muslims are the target of specific forms of hostility, a phenomenon rising substantial questions about the real inclusivity of European democratic spaces. The category of ‘Islamophobia’ has emerged as a valid heuristic tool to identify specific processes of racialization of religion. However, its validity (...)
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  43. Book Review: Seeing Like an Activist: Civil Disobedience and the Civil Rights Movement, by Erin Pineda. [REVIEW]Deva Woodly - forthcoming - Political Theory:009059172210826.
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  44. Minority Cultural Rights and Bullfighting in a Portuguese Context.Luis Cordeiro-Rodrigues - 2020 - Society and Animals 28 (4):377-394.
    A topic in contemporary political philosophy that has received substantial attention recently is whether minorities have the right to mistreat nonhuman animals. Mostly the debate is focused on minority practices in the West, such as Muslim religious slaughtering. However, other minority contexts, especially Iberian ones, have been largely ignored. In this article, I place the Portuguese case study at the center of political philosophy debates and assess whether this cultural practice ought to be banned. I do this by looking at (...)
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  45. Review: The Right to Know: Epistemic Rights and Why We Need Them Lani Watson. [REVIEW]Joshua Habgood-Coote - 2021 - Australasian Journal of Philosophy:1-2.
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  46. Addressing the Addressive Theory of Rights.Joseph Bowen - 2022 - Journal of Applied Philosophy 39 (2):183-193.
    Journal of Applied Philosophy, EarlyView.
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  47. Gendering Islamophobia at the Crossroad of Conflicting Rights.Debora Spini - 2022 - Philosophy and Social Criticism 48 (4):556-567.
    The presence of Muslims in the European public spheres has raised a hoist of debates concerning issues of neutrality, tolerance, and secularism. All over Europe, Muslims are the target of specific forms of hostility, a phenomenon rising substantial questions about the real inclusivity of European democratic spaces. The category of ‘Islamophobia’ has emerged as a valid heuristic tool to identify specific processes of racialization of religion. However, its validity has been fiercely questioned, and the use of this term has been (...)
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  48. Libertarianism and Conjoined Twins.Amos Wollen - forthcoming - Philosophia:1-10.
    This paper presents a new challenge for libertarianism.. The problem, in a nutshell, is that libertarianism appears to self-destruct in cases where conjoined twins—who share body parts—disagree over what to do with them. The problem is explored, and some solutions are proposed. The verdict is that accepting any of them will make libertarianism harder to defend.
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  49. Rights Talk, Redux.J. C. Blokhuis - 2018 - Philosophy of Education 74:588-592.
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  50. Increasing Medical Student Numbers in Resource Constrained Settings: Ethical and Legal Complexities Intersecting Patients’ Rights and Responsibilities.Colin Menezes & Ames Dhai - 2022 - Wiley: Developing World Bioethics 22 (2):86-93.
    Developing World Bioethics, Volume 22, Issue 2, Page 86-93, June 2022.
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