Results for 'Subjective rightness'

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  1. Data subject rights as a research methodology: A systematic literature review.Adamu Adamu Habu & Tristan Henderson - 2023 - Journal of Responsible Technology 16 (C):100070.
    Data subject rights provide data controllers with obligations that can help with transparency, giving data subjects some control over their personal data. To date, a growing number of researchers have used these data subject rights as a methodology for data collection in research studies. No one, however, has gathered and analysed different academic research studies that use data subject rights as a methodology for data collection. To this end, we conducted a systematic literature review that searched, compiled, and analysed 32 (...)
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  2. Subjective rightness.Holly M. Smith - 2010 - Social Philosophy and Policy 27 (2):64-110.
    Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of (i) what is best for an agent to do in light of the actual circumstances in which she acts and (ii) what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to (...)
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  3.  68
    Subjective Rightness and Minimizing Expected Objective Wrongness.Kristian Olsen - 2017 - Pacific Philosophical Quarterly 99 (3):417-441.
    It has become increasingly common for philosophers to distinguish between objective and subjective rightness, and there has been much discussion recently about what an adequate theory of subjective rightness looks like. In this article, I propose a new theory of subjective rightness. According to it, an action is subjectively right if and only if it minimizes expected objective wrongness. I explain this theory in detail and argue that it avoids many of the problems that (...)
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  4.  91
    Subjective rightness: Holly M. Smith.Holly M. Smith - 2010 - Social Philosophy and Policy 27 (2):64-110.
    Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of what is best for an agent to do in light of the actual circumstances in which she acts and what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent (...)
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  5. Subjective rightness.Holly M. Smith - 2010 - In Ellen Frankel Paul, Fred Dycus Miller & Jeffrey Paul (eds.), Moral obligation. Cambridge University Press.
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  6. Subjective Rights. The Paradox of Form.Christoph Menke - 2008 - Zeitschrift Für Rechtssoziologie 29 (1):81–108.
    Systems theory and deconstruction alike conceive of modern law as self-reflective: Modern law entails in itself its own other; from this follows its paradoxical structure which is exemplified by the concept of legal person as a “two-sides-form” (Zwei-Seiten-Form: Luhmann) of “social person” and “concrete individuality”. Systems theory and deconstruction differ, however, in how they conceive of modern law’s paradoxical self-reflection: Systems theory grants it the power of form-constitution. This is shown by Luhmann’s interpretation of the figure of subjective right; (...)
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  7. Subjective Rights, Political Community, and Property in Francisco Suárez's and John Locke's Theories of the State of Nature.José Luis Cendejas Bueno - 2022 - In Leopoldo J. Prieto López (ed.), Projections of Spanish Jesuit Scholasticism on British Thought: New Horizons in Politics, Law and Rights. Boston: BRILL.
  8.  14
    Democracy and subjective rights: democracy without demos.Catherine Colliot-Thélène - 2018 - Lanham, Maryland, USA: Rowman & Littlefield International.
    This book critically investigates the notion of democracy without demos by unravelling the link that modern history has established between the concepts of democracy and the sovereignty of the people. This task is imposed on us by globalization. The individualization of the subject of rights is the result of the destruction of regimes of special rights of ancient societies by the centralizing action of a territorial power. This individualization, because it implies equality, has created a new form of political subjectivity (...)
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  9.  12
    Pursuing “the Subjective” in “Subjective Rights”.Mogens Chrom Jacobsen - 2020 - Danish Yearbook of Philosophy 55 (1):40-72.
    This paper is a contribution to the conceptual history of subjective rights. The subjective right is generally understood as an individual right in contradistinction to the system of legal rules, which are named the ‘objective right.’ These notions have enjoyed immense popularity among Continental legal scholars and historians. This article gives an explanation of how the terms “subjective” and “objective” right came into usage in Germany, and it shows how these terms were elaborated within a metaphysical context. (...)
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  10.  8
    What’s wrong with subjective rights?Nigel Biggar - 2019 - History of European Ideas 45 (3):399-409.
    In the last twenty years a critique of the idea of a right as the property of an individual subject has been articulated by some influential Anglican theologians – Joan Lockwood O’Donovan, Oliver O’Donovan and John Milbank. Their objections are considerably based on an argument about intellectual history. Broadly pursuing an intellectual trajectory first set by Leo Strauss and C. B. Macpherson, these theologians think that the very concept of a ‘subjective right’ is tied, certainly historically but perhaps also (...)
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  11. The willingness of the subjective right.Christoph Halbig - 2009 - Hegel-Studien 44:95-105.
     
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  12. From Objective Right to Subjective Rights: The Franciscans and the Interest and Will Conceptions of Rights.Siegfried van Duffel - 2010 - In Virpi Mäkinen (ed.), The nature of rights: moral and political aspects of rights in late medieval and early modern philosophy. Helsinki: The Philosophical Society of Finland.
  13. Changing the subject : rights, revolution, and capitalist discourse.Molly Anne Rothenberg - 2015 - In Laurent De Sutter (ed.), Zizek and Law. New York, NY: Routledge.
     
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  14. Limits to the Politics of Subjective Rights: Reading Marx After Lefort.Christiaan Boonen - 2019 - Law and Critique 30 (2):179-199.
    In response to critiques of rights as moralistic and depoliticising, a literature on the political nature and contestability of rights has emerged. In this view, rights are not merely formal, liberal and moralistic imperatives, but can also be invoked by the excluded in a struggle against domination. This article examines the limits to this practice of rights-claiming and its implication in forms of domination. It does this by returning to Marx’s blueprint for the critique of subjective rights. This engagement (...)
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  15.  10
    The Strength and Significance of Subjects' Rights in Leviathan.Eleanor Curran - 2021 - In Marcus P. Adams (ed.), A Companion to Hobbes. Hoboken, NJ: Wiley-Blackwell. pp. 221–235.
    Hobbes says a great deal about the rights of subjects, particularly in Leviathan, and yet, despite his apparent insistence on the importance of the rights of the subject, the prevailing view amongst modern Hobbes scholars has been that rights of Hobbesian subjects are weak. The dominant view of Hobbesian rights as weak and insignificant is the view of modern Hobbes scholarship, which analyses Hobbes's political theory at great distance from his intellectual milieu and from the dramatic political events of the (...)
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  16.  14
    Regulating Communicative Risk: Online Harms and Subjective Rights.Bernard Keenan - forthcoming - Law and Critique:1-24.
    States are in the process of creating controversial legislation aimed at subjecting ‘harmful’ online communication on social media and search engines to new regulatory regimes. Critics argue that these measures are serious threats to the right to freedom of expression and freedom from surveillance. This article first draws on elements of systems theory to reframe the right to freedom of expression in democracy as a means of protecting the value of generalised second-order observation. Taking the UK’s Online Safety bill as (...)
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  17.  25
    Judicial Interpretation of the Tax Law Provisions and Protection of the Subjective Rights of Taxpayers – In the Light of Art. 153 of the Act on Proceedings Before Administrative Courts in Poland.Anna Dumas & Piotr Pietrasz - 2013 - Studies in Logic, Grammar and Rhetoric 33 (1):77-99.
    This article refers to the issues associated with the crucial significance of the interpretation of tax law provisions made by administrative courts in the course of the judicial inspection of tax decisions, within the context of protecting the subjective rights of taxpayers. The analysis in that regard has been prepared based on the provisions of art. 153 of the Act of 25 July 2002 on Proceedings before Administrative Courts, which expresses the important rule of binding the court and the (...)
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  18.  11
    Kant and the Self-Referentiality of Freedom as a Subjective Right in Modern Jus-Naturalism.Margit Ruffing, Guido A. De Almeida, Ricardo R. Terra & Valerio Rohden - 2008 - In Margit Ruffing, Guido A. De Almeida, Ricardo R. Terra & Valerio Rohden (eds.), Law and Peace in Kant's Philosophy/Recht und Frieden in der Philosophie Kants: Proceedings of the 10th International Kant Congress/Akten des X. Internationalen Kant-Kongresses. Walter de Gruyter.
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  19.  16
    Clinical Trials in China: Protection of Subjects’ Rights and Interests.Lü Yuan - 2004 - Journal of Clinical Ethics 15 (1):30-34.
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  20.  3
    The subject of human rights.Danielle Celermajer & Alexandre Lefebvre (eds.) - 2020 - Stanford, California: Stanford University Press.
    This multidisciplinary volume explores the relationship between human rights and the subject. Each chapter considers how human rights norms and practices affect the way we relate to ourselves, to other people, and to the non-human world, drawing on the best work on human rights in political theory, cultural studies, history, law, anthropology, literary studies, and philosophy.
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  21. Embodied Subjects and Fragmented Objects: Women’s Bodies, Assisted Reproduction Technologies and the Right to Self-Determination.Jyotsna Agnihotri Gupta & Annemiek Richters - 2008 - Journal of Bioethical Inquiry 5 (4):239-249.
    This article focuses on the transformation of the female reproductive body with the use of assisted reproduction technologies under neo-liberal economic globalisation, wherein the ideology of trade without borders is central, as well as under liberal feminist ideals, wherein the right to self-determination is central. Two aspects of the body in western medicine—the fragmented body and the commodified body, and the integral relation between these two—are highlighted. This is done in order to analyse the implications of local and global transactions (...)
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  22.  79
    How Rights Became “Subjective”.Thomas Mautner - 2013 - Ratio Juris 26 (1):111-132.
    What is commonly called a right has since about 1980 increasingly come to be called a subjective right. In this paper the origin and rise of this solecism is investigated. Its use can result in a lack of clarity and even confusion. Some aspects of rights-concepts and their history are also discussed. A brief postscript introduces Leibniz's Razor.
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  23.  29
    The Right Not to Be Subjected to AI Profiling Based on Publicly Available Data—Privacy and the Exceptionalism of AI Profiling.Thomas Ploug - 2023 - Philosophy and Technology 36 (1):1-22.
    Social media data hold considerable potential for predicting health-related conditions. Recent studies suggest that machine-learning models may accurately predict depression and other mental health-related conditions based on Instagram photos and Tweets. In this article, it is argued that individuals should have a sui generis right not to be subjected to AI profiling based on publicly available data without their explicit informed consent. The article (1) develops three basic arguments for a right to protection of personal data trading on the notions (...)
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  24. The subject of rights and responsibility in Ricoeur's legal philosophy.Guido Gorgoni - 2021 - In Marc de Leeuw, George H. Taylor & Eileen Brennan (eds.), Reading Ricoeur Through Law. Lanham, Maryland: Lexington Books.
    While the legal concept of a subject of rights is eminently an abstraction, Ricoeur’s philosophical challenge seeks to rethink its identity within the philosophy of action, in correlation with the ideas of capacity, attestation, and recognition. The terminology Ricoeur employs presents some significant marks of this theoretical stance, as he speaks of a “veritable” or a “real” subject of rights as distinguished from the purely formal one. I argue that Ricoeur’s approach to the legal subject attains its highest meaning in (...)
     
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  25.  47
    Animal rights: a subject guide, bibliography, and Internet companion.John M. Kistler - 2000 - Westport, Conn.: Greenwood Press.
    Presents an introduction to the subject, suggestions on searching the Internet, and a bibliography of literature on animal nature, fatal and nonfatal uses, ...
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  26.  44
    Subjective Freedom and Necessity in Hegel's Philosophy of Right.David James - 2012 - Theoria: A Journal of Social and Political Theory 59 (131):41-63.
    Hegel associates 'subjective' freedom with various rights, all of which concern the subject's particularity, and with the demand that this particularity be accorded proper recognition within the modern state. I show that Hegel's account of subjective freedom can be assimilated to the 'positive' model of freedom that is often attributed to him because of the way in which the objective determinations of right recognise the subject's particularity in the form of individual welfare. To this extent, the practical constraints (...)
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  27.  16
    Subjective Freedom and Necessity in Hegel's Philosophy of Right.David James - 2012 - Theoria: A Journal of Social and Political Theory 59:41-63.
    Hegel associates 'subjective' freedom with various rights, all of which concern the subject's particularity, and with the demand that this particularity be accorded proper recognition within the modern state. I show that Hegel's account of subjective freedom can be assimilated to the 'positive' model of freedom that is often attributed to him because of the way in which the objective determinations of right recognise the subject's particularity in the form of individual welfare. To this extent, the practical constraints (...)
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  28. The subject of human rights : an interview with Samuel Moyn.Samuel Moyn & Alexandre Lefebvre - 2020 - In Danielle Celermajer & Alexandre Lefebvre (eds.), The subject of human rights. Stanford, California: Stanford University Press.
     
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  29.  27
    Human rights as Subject and Guide to LIS Research and Practice.Kay Mathiesen - 2015 - Journal for the Association of Information Science and Technology 66 (7):1305-1322.
    In this “global information age” accessing, disseminating, and controlling information is an increasingly important aspect of human life. Often these interests are expressed in the language of human rights—e.g., rights to expression, privacy, and intellectual property. As the discipline concerned with, “Facilitating the effective communication of desired information between human generator and human user” (Belkin, 1975, 22), Library and Information Science (LIS) has a central role in facilitating communication about human rights and ensuring the respect for human rights in information (...)
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  30. Training subjects for human rights.Danielle Celermajer - 2020 - In Danielle Celermajer & Alexandre Lefebvre (eds.), The subject of human rights. Stanford, California: Stanford University Press.
     
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  31.  11
    Reclaiming the rights of the Hobbesian subject.Eleanor Curran - 2007 - New York: Palgrave-Macmillan.
    'There are no substantive rights for subjects in Hobbes's political theory, only bare freedoms without correlated duties to protect them'. This orthodoxy of Hobbes scholarship and its Hohfeldian assumptions are challenged by Curran who develops an argument that Hobbes provides claim rights for subjects against each other and (indirect) protection of the right to self-preservation by sovereign duties. The underlying theory, she argues, is not a theory of natural rights but rather, a modern, secular theory of rights, with something to (...)
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  32.  21
    Do patients and research subjects have a right to receive their genomic raw data? An ethical and legal analysis.Christoph Schickhardt, Henrike Fleischer & Eva C. Winkler - 2020 - BMC Medical Ethics 21 (1):1-12.
    As Next Generation Sequencing technologies are increasingly implemented in biomedical research and care, the number of study participants and patients who ask for release of their genomic raw data is set to increase. This raises the question whether research participants and patients have a legal and moral right to receive their genomic raw data and, if so, how this right should be implemented into practice. In a first step we clarify some central concepts such as “raw data”; in a second (...)
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  33.  75
    The Subject of Rights.Peg Birmingham - 2011 - Epoché: A Journal for the History of Philosophy 16 (1):139-156.
    It is often pointed out that Agamben’s most profound disagreement with Hannah Arendt is his rejection of anything like a “right to have rights” that would guarantee the belonging to a political space. I want to suggest, however, that the subject of rights in Agamben’s thought is more complicated, arguing in this essay that Agamben’s critique is not with the concept of human rights per se, but with the declaration of modern rights. In other words, this essay will explore how (...)
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  34.  22
    Animal Subjects and Animal Rights.Paul A. Macdonald Jr - 2022 - American Catholic Philosophical Quarterly 96 (3):499-504.
  35.  20
    Whose Right to Know? The Subjectivity of Mothers in Mandatory Paternity Testing.Erin Heidt-Forsythe & Michelle L. McGowan - 2013 - American Journal of Bioethics 13 (5):42-44.
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  36.  38
    Hobbesian Sovereignty and the Rights of Subjects.Eleanor Curran - 2019 - Hobbes Studies 32 (2):209-230.
    Hobbes, in his political writing, is generally understood to be arguing for absolutism. I argue that despite apparently supporting absolutism, Hobbes, in Leviathan, also undermines that absolutism in at least two and possibly three ways. First, he makes sovereignty conditional upon the sovereign’s ability to ensure the safety of the people. Second and crucially, he argues that subjects have inalienable rights, rights that are held even against the sovereign. When the subjects’ preservation is threatened they are no longer obliged to (...)
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  37.  11
    The logic of human rights: from subject/object dichotomy to topo-logic.Ekaterina Yahyaoui Krivenko - 2023 - Northampton, MA, USA: EE | Edward Elgar Publishing.
    Conceptualizing the nature of reality and the way the world functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of human rights law in the strict subject/object dichotomy. Seeking to dismantle this dichotomy using topo-logic, a concept developed by Japanese philosopher Nishida Kitaro, this topical book formulates ways to operationalize alternative visions of human rights practice. Subject/object dichotomy, Yahyaoui Krivenko demonstrates, emerges from and reflects a particular Western worldview through a quest for rationality and formal logic. Taking a metaphysical and epistemological perspective, (...)
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  38. Can the subject-of-a-life criterion help grant rights to non-persons?Lisa Bortolotti - 2010 - In Matti Häyry (ed.), Arguments and analysis in bioethics. Amsterdam: Rodopi.
    In this paper I compare different criteria for moral status, and assess Regan's notion of a "subject of a life".
     
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  39.  40
    Co-subjectivity, the Right to Freedom and Perpetual Peace.Joachim Hruschka - 1995 - Proceedings of the Eighth International Kant Congress 1:215-227.
  40.  32
    Human rights as technologies of the self: creating the European governmentable subject of rights.Chapter11 Human - 2012 - In Ben Golder (ed.), Re-reading foucault: on law, power and rights. New York, NY: Routledge. pp. 229.
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  41.  27
    Animal subjects research Part I: Do animals have rights?Nancy S. Jecker - 2010 - In G. A. van Norman, S. Jackson, S. H. Rosenbaum & S. K. Palmer (eds.), Clinical Ethics in Anesthesiology. Cambridge University Press. pp. 168.
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  42. Do All Subjects of a Life Have an Equal Right to Life? The Challenge of the Comparative Value of Life.Aaron Simmons - 2016 - In Mylan Engel & Gary Lynn Comstock (eds.), The Moral Rights of Animals. Lanham, MD: Lexington. pp. 107-117.
    In The Case for Animal Rights, Tom Regan defends the view that all animals who are “subjects of a life” have an equal moral right to life. In this chapter, I consider whether it makes sense to think that animals have an equal right to life in light of the challenge that life has less value for animals than humans. This challenge raises two central questions: (1) does life have less value for animals than humans and (2) if it does, (...)
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  43.  79
    The Subject of Minority Rights New Categories and a Critique of Will Kymlicka’s Group-Differentiated Rights.Palma Dante - 2014 - Ideas Y Valores 63 (155):191-217.
    Will Kymlicka ha sido considerado como compatibilizador de liberales y comunitaristas en cuanto a los derechos de las minorías. Su distinción entre derechos de grupo como protecciones externas y como restricciones internas buscó dar cuenta de las reivindicaciones minoritarias sin vulnerar el principio liberal de autonomía. En este artículo se buscan dos objetivos: primero, adoptar una perspectiva crítica, al afirmar que tal distinción soslaya el eje central de la discusión, esto es, la problemática de la titularidad del derecho, y, segundo, (...)
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  44.  4
    Right and wrong: a practical introduction to ethics.Thomas I. White - 2017 - Hoboken, NJ: Wiley-Blackwell.
    The newly updated Right and Wrong 2nd Edition is an accessible introduction to the major traditions in western philosophical ethics, written in a lively and engaging style. It is designed for entry-level ethics courses and includes real-life ethical scenarios chosen to appeal directly to students. Greatly expanded and improved, this successful text introduces students to the major ethical traditions, and provides a simple methodology for resolving ethical dilemmas Treats teleological and deontological approaches to ethics as the two most important traditions, (...)
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  45.  36
    Image Ethics: The Moral Rights of Subjects in Photographs, Film, and Television.Larry P. Gross, John Stuart Katz & Jay Ruby (eds.) - 1988 - Oup Usa.
    This pathbreaking collection of thirteen original essays examines the moral rights of the subjects of documentary film, photography, and television.
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  46.  31
    Vindication of the Rights of Woman: With Strictures on Political and Moral Subjects.Mary Wollstonecraft & Joseph Johnson - 1792 - ICON Group International.
    Mary Wollstonecraft's A Vindication of the Rights of Woman was a ground-breaking work of literature which still resonates in feminism and human rights movements of today.
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  47.  28
    Right and Subjectivity: From Freedom and Agency to Pathology and Madness—Introduction.Daniel Loick & Chad Kautzer - 2015 - Law and Critique 26 (2):101-103.
  48.  9
    Social Integration and Right-Wing Populist Voting in Germany: How Subjective Social Marginalization Affects Support for the AfD.Patrick Sachweh - 2020 - Analyse & Kritik 42 (2):369-398.
    Electoral support for right-wing populist parties is typically explained either by economic deprivation or cultural grievances. Attempting to bring economic and cultural explanations together, recent approaches have suggested to conceptualize right-wing populist support as a problem of social integration. Applying this perspective to the German case, this article investigates whether weak subjective social integration-or subjective social marginalization, respectively-is associated with the intention to vote for the AfD. Furthermore, it asks whether the strength of this association varies across income (...)
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  49.  3
    Subjective Premise for Social Theory of Rights.Ross Zucker - 1994 - Journal of Speculative Philosophy 8 (3):179 - 210.
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  50.  12
    Should People Have a Right Not to Be Subjected to AI Profiling based on Publicly Available Data? A Comment on Ploug.Sune Holm - 2023 - Philosophy and Technology 36 (2):1-5.
    Several studies have documented that when presented with data from social media platforms machine learning (ML) models can make accurate predictions about users, e.g., about whether they are likely to suffer health-related conditions such as depression, mental disorders, and risk of suicide. In a recent article, Ploug (Philos Technol 36:14, 2023) defends a right not to be subjected to AI profiling based on publicly available data. In this comment, I raise some questions in relation to Ploug’s argument that I think (...)
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