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Samantha Brennan & Hillel Steiner (1996). An Essay on Rights.

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  1.  17
    The Deep Error of Political Libertarianism: Self-Ownership, Choice, and What’s Really Valuable in Life.Dan Lowe - forthcoming - Critical Review of International Social and Political Philosophy:1-23.
    Contemporary versions of natural rights libertarianism trace their locus classicus to Robert Nozick’s Anarchy, State, and Utopia. But although there have been many criticisms of the version of political libertarianism put forward by Nozick, many of these fail objections to meet basic methodological desiderata. Thus, Nozick’s libertarianism deserves to be re-examined. In this paper I develop a new argument which meets these desiderata. Specifically, I argue that the libertarian conception of self-ownership, the view’s foundation, implies what I call the Asymmetrical (...)
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  2.  2
    Resources Outside of the State: Governing the Ocean and Beyond.Chris Armstrong - 2018 - Philosophy Compass 13 (11):e12545.
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  3.  11
    The Self-Ownership Proviso: A Critique.Peter Bornschein - 2018 - Politics, Philosophy and Economics 17 (4):339-355.
    Recently, Eric Mack, Edward Feser, and Daniel Russell have argued that self-ownership justifies a constraint on the use of property such that an owner’s use of property may not severely negate the ability of others to interact with the world. Mack has labeled this constraint the self-ownership proviso. Adopting this proviso promises right-libertarians a way of avoiding the extreme implications of a no-proviso view, while maintaining a consistent and cohesive position. Nevertheless, I argue that self-ownership cannot ground the constraint on (...)
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  4. Biological Parenthood: Gestational, Not Genetic.Anca Gheaus - 2018 - Australasian Journal of Philosophy 96 (2):225-240.
    Common sense morality and legislations around the world ascribe normative relevance to biological connections between parents and children. Procreators who meet a modest standard of parental competence are believed to have a right to rear the children they brought into the world. I explore various attempts to justify this belief and find most of these attempts lacking. I distinguish between two kinds of biological connections between parents and children: the genetic link and the gestational link. I argue that the second (...)
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  5.  14
    Just Inheritance Taxation.Jørgen Pedersen - 2018 - Philosophy Compass 13 (4):e12491.
    This article provides a survey of key topics on just inheritance taxation. It does so by first presenting the main arguments in the debate. Here, I distinguish between arguments in the academic literature and the various arguments which have proven important in the public debate. Secondly, I outline four influential proposals when it comes to how inheritance should be taxed. Finally, I examine a recent controversy and point towards a number of themes that have not been sufficiently discussed.
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  6.  19
    A Further Defence of the Right Not to Vote.Ben Saunders - 2018 - Res Publica 24 (1):93-108.
    Opponents of compulsory voting often allege that it violates a ‘right not to vote’. This paper seeks to clarify and defend such a right against its critics. First, I propose that this right must be understood as a Hohfeldian claim against being compelled to vote, rather than as a mere privilege to abstain. So construed, the right not to vote is compatible with a duty to vote, so arguments for a duty to vote do not refute the existence of such (...)
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  7.  20
    Why It is Disrespectful to Violate Rights: Contractualism and the Kind-Desire Theory.Janis Schaab - 2018 - Philosophical Studies 175 (1):97-116.
    The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to accommodate all and only rights-attributions that make sense to ordinary speakers. The Kind-Desire Theory, Leif Wenar’s recent contribution to the field, appears to fare better in this respect than any of its predecessors. The theory states that we attribute a right to an individual if she has a kind-based desire that a certain enforceable duty be fulfilled. A kind-based desire is a reason to want (...)
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  8.  5
    Equality of Opportunity and the Precarization of Labour Markets.Simon Birnbaum - 2017 - European Journal of Political Theory.
    How can we equalize opportunities while respecting people’s freedom? According to a view that I call libertarian resourcism, people’s fair shares of resources should normally take the form of unconditional, individual cash endowments, thereby supporting the freedom to do whatever they might want to do. This view, of which Van Parijs’ philosophy of ‘real freedom for all’ is the clearest and most well-known example, has become a powerful weapon to criticize work conditionality as unfair and perfectionistic, and to motivate political (...)
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  9.  13
    Justice as a Claim to Property.Rutger Claassen - 2017 - Critical Review of International Social and Political Philosophy:1-15.
  10.  4
    Territorial Rights and Carbon Sinks.Steve Vanderheiden - 2017 - Science and Engineering Ethics 23 (5):1273-1287.
    Scholars concerned with abuses of the “resource privilege” by the governments of developing states sometimes call for national sovereignty over the natural resources that lie within its borders. While such claims may resist a key driver of the “resource curse” when applied to mineral resources in the ground, and are often recognized as among a people’s territorial rights, their implications differ in the context of climate change, where they are invoked on behalf of a right to extract and combust fossil (...)
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  11.  24
    I, Me, Mine: Body-Ownership and the Generation Problem.Fiona Woollard - 2017 - Pacific Philosophical Quarterly.
    The Body Ownership Thesis states that each person owns her body. I address a prominent objection, the Generation Problem: the Body Ownership Thesis apparently implies that parents own their children: as we own the fruit of our property, if a parent owns her own body, she must own her child and her child's body. I argue that a person does not own the fruit of her property when that fruit is a person or the body of a person. Persons have (...)
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  12.  3
    Global Equality of Resources and the Problem of Valuation.Alexander Brown - 2016 - Critical Review of International Social and Political Philosophy 19 (5):609-628.
  13.  29
    Risk Imposition and Freedom.Maria P. Ferretti - 2016 - Politics, Philosophy and Economics 15 (3):261-279.
    Various authors hold that what is wrong with risk imposition is that being at risk diminishes the opportunities available to an agent. Arguably, even when risk does not result in material or psychological damages, it still represents a setback in terms of some legitimate interests. However, it remains to be specified what those interests are. This article argues that risk imposition represents a diminishment of overall freedom. Freedom will be characterized in empirical terms, as the range of unimpeded actions available (...)
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  14.  79
    The Possibility of Contractual Slavery.Danny Frederick - 2016 - Philosophical Quarterly 66 (262):47-64.
    In contrast to eminent historical philosophers, almost all contemporary philosophers maintain that slavery is impermissible. In the enthusiasm of the Enlightenment, a number of arguments gained currency which were intended to show that contractual slavery is not merely impermissible but impossible. Those arguments are influential today in moral, legal and political philosophy, even in discussions that go beyond the issue of contractual slavery. I explain what slavery is, giving historical and other illustrations. I examine the arguments for the impossibility of (...)
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  15.  13
    Climate Change, Fundamental Interests, and Global Justice.Carl Knight - 2016 - Critical Review of International Social and Political Philosophy 19 (5):629-644.
  16.  34
    Justice and Political Authority in Left-Libertarianism.Fabian Wendt - 2015 - Politics, Philosophy and Economics 14 (3):316-339.
    From a left-libertarian perspective, it seems almost impossible for states to acquire political authority. For that reason, left-libertarians like Peter Vallentyne understandably hope that states without political authority could nonetheless implement left-libertarian justice. Vallentyne has argued that one can indeed assess a state’s justness without assessing its political authority. Against Vallentyne, I try to show that states without political authority have to be judged unjust even if they successfully promote justice. The reason is that institutions can be unjust independently from (...)
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  17. Self-Ownership and Non-Culpable Proviso Violations.Preston Werner - 2015 - Politics, Philosophy and Economics 14 (1):67-83.
    Left and right libertarians alike are attracted to the thesis of self-ownership because, as Eric Mack says, they ‘believe that it best captures our common perception of the moral inviolability of persons’. Further, most libertarians, left and right, accept that some version of the Lockean Proviso restricts agents’ ability to acquire worldly resources. The inviolability of SO purports to make libertarianism more appealing than its egalitarian counterparts, since traditional egalitarian theories cannot straightforwardly explain why, e.g. forced organ donation and forced (...)
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  18.  39
    Freedom, Self-Ownership, and Equality in Steiner’s Left-Libertarianism.R. Shnayderman - 2013 - Politics, Philosophy and Economics 12 (3):219-227.
    Hillel Steiner’s left-libertarian theory of justice is the most serious recent attempt to reconcile the ideals of (luck-egalitarian) equality and freedom. This attempt consists in an argument that a universal right to equal freedom, which in Steiner’s view means also a universal right to maximal freedom, implies a universal right to self-ownership and to an egalitarian share of the world’s natural resources. In this article, I argue that this argument fails on Steiner’s own terms. I argue that, on Steiner’s conceptions (...)
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  19.  84
    Non-Domination and Pure Negative Liberty.M. D. Harbour - 2012 - Politics, Philosophy and Economics 11 (2):186-205.
    The central insights of Philip Pettit’s republican account of liberty are that (1) freedom consists in the absence of domination and (2) non-domination is not reducible to what is commonly called ‘negative liberty’. Recently, however, Matthew Kramer and Ian Carter have questioned whether the harms identified by Pettit under the banner of domination are not equally well accounted for by what they call the ‘pure negative’ view. In this article, first I argue that Pettit’s response to their criticism is problematic (...)
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  20.  44
    Republican Freedom, Rights, and the Coalition Problem.K. Dowding - 2011 - Politics, Philosophy and Economics 10 (3):301-322.
    Republican freedom is freedom from domination juxtaposed to negative freedom as freedom from interference. Proponents argue that republican freedom is superior since it highlights that individuals lose freedoms even when they are not subject to interference, and claim republican freedom is more ‘resilient’. Republican freedom is trivalent, that is, it includes the idea that someone might be non-free to perform some actions rather than unfree, and in that sense everyone regards republican freedom as different from negative freedom. Trivalence makes republican (...)
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  21.  31
    On Future Generations’ Future Rights.Gosseries Axel - 2008 - Journal of Political Philosophy 16 (4):446-474.
  22.  18
    L'interprétation du principe de la propriété de soi au sein du libertarisme de gauche.Peter Dietsch - 2008 - Dialogue 47 (1):65-.
    RÉSUMÉ: La notion de propriété de soi présuppose la définition des droits de propriété sur les ressources externes que le libertarisme de gauche limite habituellement aux ressources naturelles. Or, dans une économie spécialisée, la propriété de soi doitégalement être complétée par une définition des droits de propriété sur le surplus coopératif. S'il est cohérent, pour un libertarien de gauche, de considérer le surplus coopératif comme ressource externe et de le distribuer d'une manière égale, on doit en outre observer qu'une théorie (...)
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  23.  44
    Global Distributive Justice: An Egalitarian Perspective.Cécile Fabre - 2005 - Canadian Journal of Philosophy 35 (sup1):139-164.