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  1. added 2020-06-16
    Engaged Philosophy: Essays in Honour of David Braybrooke.Susan Sherwin & Peter Schotch (eds.) - 2006 - University of Toronto Press.
  2. added 2020-03-25
    Assassination and the Immunity Theory.Stephen Kershnar - 2005 - Philosophia 33 (1-4):129-147.
    This paper argues for a policy of assassination. Foreign leaders causing unjust wars forfeit their rights against being killed. Killing them also satisfies the conditions on defensive violence that accompany forfeiture (consider, for example, imminence, necessity, and proportionality). Assassination sometimes maximizes the good. In some cases, then, assassination is right and good. A separate issue is whether it is good policy. To the extent that traditional just war theory disallows assassination, it should be revised or rejected.
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  3. added 2020-03-25
    Experiential Diversity and Grutter.Stephen Kershnar - 2003 - Public Affairs Quarterly 17 (2):159-170.
    In Grutter, preferential treatment was held to be Constitutional on the basis of the contribution of “diverse” students to the education of their classmates. An implicit assumption in this argument, at least given how schools such as Michigan have interpreted it, is that the contribution involves making it more likely that the other students adopt the beliefs (or perspective) of the minorities. Three beliefs seem relevant here: justice is concerned with equality, racial and ethnic minorities are currently treated unequally, and (...)
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  4. added 2020-03-25
    Private Property Rights and Autonomy.Stephen Kershnar - 2002 - Public Affairs Quarterly 16:231-258.
    A private property right is a collection of particular rights that relate to the control of an object. The ground for such moral rights rests on the value of project pursuit. It does so because the individual ownership of particular objects is intimately related to the formation and application of a coherent set of projects that are the major parts of a self-shaped life. Problems arise in explaining how unowned property is appropriated. Unilateral acts with regard to an object, e.g., (...)
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  5. added 2020-03-25
    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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  6. added 2020-03-25
    The Structure of Rights Forfeiture in the Context of Culpable Wrongdoing.Stephen Kershnar - 2002 - Philosophia 29 (1-4):57-88.
    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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  7. added 2020-03-25
    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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  8. added 2020-03-24
    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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  9. added 2020-03-24
    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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  10. added 2020-03-24
    For Discrimination Against Women.Stephen Kershnar - 2007 - Law and Philosophy 26 (6):589 - 625.
    In this paper, I argue that it is morally permissible and should be legally permissible for state and private professional schools to discriminate against women. By professional schools, I mean law, medical, and business schools. More specifically, I argue that such schools may discount womens applications to the degree that they are likely to produce less than male counterparts. The argument differs with regard to state and private institutions because of the greater moral elbowroom that private institutions have. The argument (...)
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  11. added 2020-03-24
    For Interrogational Torture.Stephen Kershnar - 2005 - International Journal of Applied Philosophy 19 (2):223-241.
    Interrogational torture is torture that is done in order to gain information. It is wrong if it either wrongs the person being interrogated or is a free-floating wrong. In the relevant cases, interrogational torture need not wrong the person being interrogated. This is because in many cases it doesn’t, and is known not to, infringe on the tortured person’s moral rights. It is not clear whether interrogational torture is a free-floating wrong since we lack confidence in judging whether it violates (...)
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  12. added 2020-03-24
    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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  13. added 2020-03-24
    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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  14. added 2019-09-25
    A Liberal Argument for Slavery.Stephen Kershnar - 2003 - Journal of Social Philosophy 34 (4):510–536.
    The slavery contract is not a rights violation since the right not to be enslaved and the right not to give out a benefit are waivable and the conjunction of their voluntary waiver is not itself a rights violation. The case for the contract being pejoratively exploitative is not clear. Hence given the general presumption in favor of liberty of contract, such a transaction ought to be permitted. The contract is also not invalid on the grounds that the wrongdoer’s consent (...)
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  15. added 2018-04-03
    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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  16. added 2017-11-24
    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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  17. added 2016-06-14
    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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  18. added 2014-04-13
    The Moral Foundation of Rights By L. W. Sumner Oxford: Clarendon Press, 1987, Vii + 224 Pp., £22.50. [REVIEW]Jerome E. Bickenbach - 1989 - Philosophy 64 (247):120-.
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  19. added 2013-08-28
    Can a Right to Reproduce Justify the Status Quo on Parental Licensing?Andrew Botterell & Carolyn McLeod - 2015 - In Richard Vernon, Sarah Hannan & Samantha Brennan (eds.), Permissible Progeny: The Morality of Procreation and Parenting. New York: Oxford University Press. pp. 184-207.
    The status quo on parental licensing in most Western jurisdictions is that licensing is required in the case of adoption but not in the case of assisted or unassisted biological reproduction. To have a child via adoption, one must fulfill licensing requirements, which, beyond the usual home study, can include mandatory participation in parenting classes. One is exempt from these requirements, however, if one has a child via biological reproduction, including assisted reproduction involving donor gametes or a contract pregnancy. In (...)
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  20. added 2011-11-30
    The Non-Identity Problem, Collective Rights, and the Threshold Conception of Harm.Makoto Usami - 2011 - Tokyo Institute of Technology Department of Social Engineering Discussion Paper (2011-04):1-17.
    One of the primary views on our supposed obligation towards our descendants in the context of environmental problems invokes the idea of the rights of future generations. A growing number of authors also hold that the descendants of those victimized by historical injustices, including colonialism and slavery, have the right to demand financial reparations for the sufferings of their distant ancestors. However, these claims of intergenerational rights face theoretical difficulties, notably the non-identity problem. To circumvent this problem in a relationship (...)
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  21. added 2011-01-25
    The Nature of Rights.Siegfried van Duffel - manuscript
    The debate between the 'Will Theory' and the 'Interest Theory' of rights is actually a debate over stipulative definitions. I argue how this could have happened, and suggest how we might proceed building a theory of rights.
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  22. added 2010-06-22
    4. The Mutual Limitation of Needs as Bases of Moral Entitlements: A Solution to Braybrooke’s Problem.Duncan Macintosh - 2006 - In Susan Sherwin & Peter Schotch (eds.), Engaged Philosophy: Essays in Honour of David Braybrooke. University of Toronto Press. pp. 77-100.
    David Braybrooke argues that meeting people’s needs ought to be the primary goal of social policy. But he then faces the problem of how to deal with the fact that our most pressing needs, needs to be kept alive with resource-draining medical technology, threaten to exhaust our resources for meeting all other needs. I consider several solutions to this problem, eventually suggesting that the need to be kept alive is no different in kind from needs to fulfill various projects, and (...)
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