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  1. 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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  2. 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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  3. 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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  4. 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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  5. added 2013-08-28
    Can a Right to Reproduce Justify the Status Quo on Parental Licensing?Andrew Botterell & Carolyn McLeod - manuscript
    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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  6. 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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  7. 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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  8. added 2010-06-23
    Engaged Philosophy: Essays in Honour of David Braybrooke.Susan Sherwin & Peter Schotch (eds.) - 2007 - University of Toronto Press.
  9. 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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