Without consent: Principles of justified acquisition and duty‐imposing powers

Philosophical Quarterly 59 (237):618-640 (2009)
  Copy   BIBTEX

Abstract

A controversy in political philosophy and applied ethics concerns the validity of duty‐imposing powers, that is, rights entitling one person to impose new duties on others without their consent. Many philosophers have criticized as unplausible any such moral right, in particular that of appropriating private property unilaterally. Some, finding duty‐imposing powers weird, unfamiliar or baseless, have argued that principles of justified acquisition should be rejected; others have required them to satisfy exacting criteria. I investigate the many ways in which we regularly impose duties on one another without prior consent. I show that doing so is not weird, and I offer criteria which demarcate the reasonable from the worrisome aspects of duty‐imposing powers.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 94,045

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Equality in Law and Philosophy.William E. O'Brian - 2010 - Inquiry: An Interdisciplinary Journal of Philosophy 53 (3):257-284.
Is the rule of recognition really a duty-imposing rule?Laurenz Ramsauer - 2023 - Journal of Legal Philosophy 48 (2):83-102.
The Significance of a Duty's Direction.Marcus Hedahl - 2013 - Journal of Ethics and Social Philosophy 7 (3):1-29.
Mill on duty and liberty.John Kilcullen - 1981 - Australasian Journal of Philosophy 59 (3):290 – 300.
The alleged moral repugnance of acting from duty.Marcia Baron - 1984 - Journal of Philosophy 81 (4):197-220.
Ethical Concerns About Relapse Studies.Adil E. Shamoo & Timothy J. Keay - 1996 - Cambridge Quarterly of Healthcare Ethics 5 (3):373.

Analytics

Added to PP
2009-01-28

Downloads
41 (#378,911)

6 months
13 (#276,041)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Hugh Edmond Breakey
Griffith University

References found in this work

A defense of abortion.Judith Jarvis Thomson - 1971 - Philosophy and Public Affairs 1 (1):47-66.
The Nature of Rights.Leif Wenar - 2005 - Philosophy and Public Affairs 33 (3):223-252.
There is no such thing as an unjust initial acquisition.Edward Feser - 2005 - Social Philosophy and Policy 22 (1):56-80.
Original acquisition of private property.L. Wenar - 1998 - Mind 107 (428):799-820.
Property rights: Original acquisition and Lockean provisos.Jan Narveson - 1999 - Public Affairs Quarterly 13 (3):205-227.

View all 9 references / Add more references