20 found
Order:
See also
Hugh Edmond Breakey
Griffith University
Hugh Breakey
Griffith University
  1.  74
    Natural Intellectual Property Rights and the Public Domain.Hugh Breakey - 2010 - Modern Law Review 73 (2):208-239.
    No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking – encompassing classical liberalism, libertarianism and left-libertarianism, in all their innumerable variants – coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non-interference, fairness, non-worsening, consistency, universalisability, prior consent, self-ownership, self-governance, and the establishment of zones (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   6 citations  
  2.  9
    It’s Right, It Fits, We Debated, We Decided, I Agree, It’s Ours, and It Works: The Gathering Confluence of Human Rights Legitimacy.Hugh Breakey - 2018 - Law and Philosophy 37 (1):1-28.
    How should we understand human rights and why might we respect them? The current literature – both philosophical and historical – presents a barrage of conflicting accounts, including moral, functional, deliberative, legal, consensual, communitarian and pragmatic approaches. I argue that each approach captures a unique, common-sense – and, in principle, compatible – insight into why human rights warrant respect. Acknowledging this compatibility illuminates the myriad different avenues for legitimacy human rights enjoy, and provides a historical window into explaining how human (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  3.  6
    The Ethics of Arguing.Hugh Breakey - forthcoming - Inquiry: An Interdisciplinary Journal of Philosophy:1-25.
    ABSTRACTContemporary argumentation theory has developed an impressive array of norms, goals and virtues applicable to ideal argument. But what is the moral status of these prescriptions? Is an inte...
    No categories
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  4.  21
    Compromise Despite Conviction: Curbing Integrity’s Moral Dangers.Hugh Breakey - 2016 - Journal of Value Inquiry 50 (3):613-629.
    Integrity looks dangerous. Passionate willpower, focused devotion and driving self-belief nestle all-too-closely to extremism, narcissism and intolerant hubris. How can integrity skirt such perils? This question opens the perennial issue of whether devout, driven devotees can guard themselves from antisocial extremes. Current proposals to inoculate integrity from moral danger hone in on integrity’s reflective side. I argue that this epistemic approach disarms integrity’s dangers only by stripping it of everything that initially made it worthwhile. Instead, I argue that integrity contains (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  5.  70
    Parsing Macpherson: The Last Rites of Locke the Possessive Individualist.Hugh Breakey - 2014 - Theoria 80 (1):62-83.
    C.B. Macpherson's “Possessive Individualist” reading of Locke is one of the most radical and influential interpretations in the history of exegesis. Despite a substantial critical response over the past five decades, Macpherson's reading remains orthodox in various circles in the humanities generally, particularly in legal studies, and his interpretation of several crucial passages has unwittingly been followed even by his sharpest critics within Lockean scholarship. In order to present the definitive rebuttal to this interpretation, and so finally to lay it (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  6. Liberalism and Intellectual Property Rights.Hugh Breakey - 2009 - Politics, Philosophy and Economics 8 (3):329-349.
    Justifications for intellectual property rights are typically made in terms of utility or natural property rights. In this article, I justify limited regimes of copyright and patent grounded in no more than the rights to use our ideas and to contract, conjoined at times with a weak right to hold property in tangibles. I describe the Contracting Situation plausibly arising from vesting rational agents with these rights. I go on to consider whether in order to provide the best protection for (...)
    Direct download (9 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  7. Two Concepts of Property: Ownership of Things and Property in Activities.Hugh Breakey - 2011 - Philosophical Forum 42 (3):239-265.
    I argue there is a distinct and integrated property-concept applying directly, not to things, but to actions. This concept of Property in Activities describes a determinate ethico-political relation to a particular activity – a relation that may (but equally may not) subsequently effect a wide variety of relations to some thing. The relation with the activity is fixed and primary, and any ensuing relations with things are variable and derivative. Property in Activities illuminates many of the vexing problem cases arising (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  8. The Epistemic and Informational Requirements of Utilitarianism.Hugh Breakey - 2009 - Utilitas 21 (1):72-99.
    A recurring objection confronting utilitarianism is that its dictates require information that lies beyond the bounds of human epistemic wherewithal. Utilitarians require reliable knowledge of the social consequences of various policies, and of people’s preferences and utilities. Agreeing partway with the sceptics, I concur that the general rules-of-thumb offered by social science do not provide sufficient justification for the utilitarian legislator to rationally recommend a particular political regime, such as liberalism. Actual data about human preference-structures and utilities is required to (...)
    Direct download (8 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  9. Property Concepts.Hugh Breakey - 2012 - In J. Feiser & B. Dowden (eds.), Internet Encyclopedia of Philosophy.
    No categories
     
    Export citation  
     
    Bookmark   2 citations  
  10.  38
    Adaptive Preferences and the Hellenistic Insight.Hugh Breakey - 2010 - Australian Journal of Professional and Applied Ethics 12 (1):29-39.
    Adaptive preferences are preferences formed in response to circumstances and opportunities – paradigmatically, they occur when we scale back our desires so they accord with what is probable or at least possible. While few commentators are willing to wholly reject the normative significance of such preferences, adaptive preferences have nevertheless attracted substantial criticism in recent political theory. The groundbreaking analysis of Jon Elster charged that such preferences are not autonomous, and several other commentators have since followed Elster’s lead. On a (...)
    Direct download  
    Translate
     
     
    Export citation  
     
    Bookmark   1 citation  
  11.  7
    COP20's Ethical Fallout: The Perils of Principles Without Dialogue.Hugh Breakey - 2015 - Ethics, Policy and Environment 18 (2):155-168.
    I argue that mechanisms currently embedded in the Paris negotiations Elements Text could elicit a structured process of moral dialogue. These mechanisms go beyond inviting Parties to cloak their intended nationally determined contributions in specious moral garb; the mechanisms envisage a principled review of, and dialogic reflection on, the fairness and ambition of Parties' INDCs. These mechanisms could thus propel moral dialogue, leading to constructive shifts in Parties' perspectives and commitments. The drafting of the Universal Declaration of Human Rights provides (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  12.  9
    Deliberate, Principled, Self-Interested Law Breaking: The Ethics of Digital ‘Piracy’.Hugh Breakey - 2018 - Oxford Journal of Legal Studies 38 (4):676-705.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  13.  5
    Ethical Values and the Integrity of the Climate Change Regime.Hugh Breakey, Vesselin Popovski & Rowena Maguire (eds.) - 2020 - Routledge.
    This book investigates the ethical values that inform the global carbon integrity system, and reflects on alternative norms that could or should do so. The global carbon integrity system comprises the emerging international architecture being built to respond to the climate change. This architecture can be understood as an 'integrity system'- an inter-related set of institutions, governance arrangements, regulations and practices that work to ensure the system performs its role faithfully and effectively. This volume investigates the ways ethical values impact (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  14.  9
    Harnessing Multidimensional Legitimacy for Codes of Ethics: A Staged Approach.Hugh Breakey - 2021 - Journal of Business Ethics 170 (2):359-373.
    How can codes of ethics acquire legitimacy—that is, how can they lay down obligations that will be seen by their subjects as morally binding? There are many answers to this question, reflecting the fact that moral agents have a host of different bases on which they may acknowledge code duties as ethically binding—or, alternatively, may reject those duties as morally irrelevant or actively corrupt. Drawing on a wide literature on legitimacy in other practical fields, this paper develops a multidimensional legitimacy (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  15.  94
    Property, Persons, Boundaries: The Argument From Other-Ownership.Hugh Breakey - 2011 - Social Theory and Practice 37 (2):189-210.
    A question of interpersonal sovereignty dating back to the early modern era has resurfaced in contemporary political philosophy: viz. Should one individual have, prior to any consent, property rights in another person? Libertarians answer that they should not – and that this commitment requires us to reject all positive duties. Liberal-egalitarians largely agree with the libertarian’s answer to the question, but deny the corollary they draw from it, arguing instead that egalitarian regimes do not require other-ownership. Drawing on recent property (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark  
  16.  21
    Same Duties, Different Motives: Ethical Theory and the Phenomenon of Moral Motive Pluralism.Hugh Breakey - 2018 - Philosophical Studies 175 (2):531-552.
    Viewed in its entirety, moral philosophizing, and the moral behavior of people throughout history, presents a curious puzzle. On the one hand, interpersonal duties display a remarkably stable core content: morality the world over enjoins people to keep their word; refrain from violence, theft and cheating; and help those in need. On the other hand, the asserted motives that drive people’s moral actions evince a dazzling diversity: from empathy or sympathy, to practical or prudential reason, to custom and honor, cultural (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  17.  10
    “That’s Unhelpful, Harmful and Offensive!” Epistemic and Ethical Concerns with Meta-argument Allegations.Hugh Breakey - 2020 - Argumentation 35 (3):389-408.
    “Meta-argument allegations” consist of protestations that an interlocutor’s speech is wrongfully offensive or will trigger undesirable social consequences. Such protestations are meta-argument in the sense that they do not interrogate the soundness of an opponent’s argumentation, but instead focus on external features of that argument. They are allegations because they imply moral wrongdoing. There is a legitimate place for meta-argument allegations, and the moral and epistemic goods that can come from them will be front of mind for those levelling such (...)
    No categories
    Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  18. User's Rights and the Public Domain.Hugh Breakey - 2010 - Intellectual Property Quarterly (3):312-23.
    In recent years the concept of “user’s rights” has gained considerable currency in discussions of the limits of intellectual property in general, and of copyright in particular. Those arguing in favour of the public domain and increased limitations on copyright have increasingly sought to fight fire with fire – to place substantive user’s rights against the claims of intellectual property. User’s rights have in some jurisdictions received explicit Supreme Court imprimatur and they are expressly recognised in key charters of human (...)
    Translate
     
     
    Export citation  
     
    Bookmark  
  19.  40
    Who’s Afraid of Property Rights? Rights as Core Concepts, Coherent, Prima Facie, Situated and Specified.Hugh Breakey - 2014 - Law and Philosophy 33 (5):573-603.
    Natural property rights are widely viewed as anathema to welfarist taxation, and are pictured as non-contextual, non-relational and resistant to regulation. Here, I argue that many of the major arguments for such views are flawed. Such arguments trade on an ambiguity in the term ‘right’ that makes it possible to conflate the core concept of a right with a situated or specified right from which one can read off people’s actual legal entitlements and duties. I marshal several arguments demonstrating this (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  20. Without Consent: Principles of Justified Acquisition and Duty‐Imposing Powers.Hugh Breakey - 2009 - Philosophical Quarterly 59 (237):618-640.
    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 (...)
    Direct download (8 more)  
     
    Export citation  
     
    Bookmark