Results for 'theory of right'

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  1. Katharina Nieswandt, Concordia University. Authority & Interest in the Theory Of Right - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
     
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  2.  86
    The Theories of Rights Debate.David Frydrych - 2018 - Jurisprudence 9 (3):566-588.
    This is the first comprehensive explanation and survey of the Interest-Will theories of rights debate. It elucidates the traditional understanding of it as a dispute over how best to explain A RIGHT and clarifies the theories’ competing criteria for that concept. The rest of the article then shows why recent developments are either problematic or simply fail to actually advance the debate. First, it is erroneous, as some theorists have done, to frame the entire debate in terms of competing (...)
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  3.  99
    A theory of rights: persons under laws, institutions, and morals.Carl Wellman - 1985 - Totowa, N.J.: Rowman & Allanheld.
    This book makes two important contributions toward a general and systematic theory of rights-a powerful philosophical analysis of the language of rights and an explanation of the nature of rights. In working out these ideas, Wellman has provided a new and cohesive way of thinking and talking about rights of every sort. Wellman succeeds in bringing all kinds of rights-moral, legal, institutional, etc.-under one unified theory in a way that illuminates their similarities and differences. This enables him to (...)
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  4.  72
    The Lockean Theory of Rights.A. John Simmons - 2020 - Princeton University Press.
    John Locke's political theory has been the subject of many detailed treatments by philosophers and political scientists. But The Lockean Theory of Rights is the first systematic, full-length study of Locke's theory of rights and of its potential for making genuine contributions to contemporary debates about rights and their place in political philosophy. Given that the rights of persons are the central moral concept at work in Locke's and Lockean political philosophy, such a study is long overdue.
  5. Theories of Rights: Is There a Third Way?Matthew H. Kramer & Hillel Steiner - 2005 - Oxford Journal of Legal Studies 27 (2):281-310.
    Some important recent articles, including one in this journal, have sought to devise theories of rights that can transcend the longstanding debate between the Interest Theory and the Will Theory. The present essay argues that those efforts fail and that the Interest Theory and the Will Theory withstand the criticisms that have been levelled against them. To be sure, the criticisms have been valuable in that they have prompted the amplification and clarification of the two dominant (...)
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  6. Theories of Rights.Jeremy Waldron (ed.) - 1985 - Oxford University Press.
    This latest addition to the Oxford Readings in Philosophy series covers a topic which is one of the focal points of much of the current work in moral and politicaltheory.
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  7.  29
    Theories of rights.Alon Harel - 2004 - In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Malden, MA: Wiley-Blackwell. pp. 191–206.
    This chapter contains section titled: Introduction The Nature of Rights: Logic, Substance, and Strength Rights and Their Role in Moral Theory Conclusion References.
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  8.  19
    The Theory of Rights in Mary Wollstonecraft.Serena Vantin - 2019 - Governare la Paura. Journal of Interdisciplinary Studies:125.
    Considering the whole _corpus_ of Mary Wollstonecraft’s writings, this paper focuses on her view of rights, seen as moral claims and rhetoric tools. Firstly, it is argued that, in the author’s perspective, their technical and judicial dimension is peripheral, where “rights” are human features within a religious conception of life. Secondly, some consequent aspects are analysed, such as the rights’ effectiveness, their nature, their content and their entitlement.
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  9.  67
    What Is the Will Theory of Rights?David Frydrych - 2019 - Ratio Juris 32 (4):455-472.
    This article helps to clear up some misunderstandings about the Will Theory of rights. Section 2 briefly outlines the Theories of Rights. Section 3 elucidates some salient differences amongst self-described anti–Interest Theory accounts. Section 4 rebuts Carl Wellman’s and Arthur Ripstein’s respective arguments about the Will Theory differing from “Choice” or Kantian theories of a right. Section 5 then offers a candidate explanation of why people might subscribe to the Will Theory in the first place.
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  10.  8
    Toward a personhood-based theory of right action: Investigating the Covid-19 pandemic and religious conspiracy theories in Africa.Amara Esther Chimakonam - 2021 - Filosofia Theoretica: Journal of African Philosophy, Culture and Religions 10 (2).
    Since the outbreak of the Covid-19 pandemic, there has been an increase in religious conspiracy theories in Africa, ranging from outright denial, partial acceptance to spreading misinformation about the Coronavirus. This essay will argue that RCTs pose serious challenges to Covid-19 prevention by encouraging non-compliance to Covid-19 preventive measures and refusal to take Covid-19 vaccination. It will then formulate a personhood-based theory of right action. This new theory will be teased out of Ifeanyi Menkiti's account of the (...)
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  11.  21
    A Theory of Rights Based on Autonomy.Giorgio Maniaci - 2023 - Ratio Juris 36 (3):259-279.
    This article takes a critical look at the classic couplet of theories on the justification of rights, namely, the choice theory and the interest or benefit theory, where the two are understood to be in conflict. The argument is made that this couplet is best replaced with a new one, namely, a sophisticated rendering of the benefit theory coupled with the autonomy theory, such that any conflict is resolved. The latter two theories take different cases in (...)
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  12. A Theory of Rights.Hardy Lee Wieting - 1976 - Dissertation, Princeton University
  13.  47
    A Care Ethical Theory of Right Action.Steven Steyl - 2020 - Philosophical Quarterly 71 (3):502-523.
    One of the most striking and underexplored points of difference between care ethics and other normative theories is its reluctance to offer a theory of right action. Unlike other normative ethical frameworks, care ethicists typically either neglect right action or explicitly refuse to provide a theory thereof. This paper disputes that stance. It begins with an examination of right action in care ethics, offering reasons for care ethicists not to oppose the development of a care (...)
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  14.  31
    Kant’s Theory of Right as Aristotelian Phronesis.Sean Drysdale Walsh - 2012 - International Philosophical Quarterly 52 (2):227-246.
    Many philosophers believe that a moral theory, given all the relevant facts, should be able to determine what is morally right and wrong. It is commonly argued that Aristotle’s ethical theory suffers from a fatal flaw: it places responsibility for determining right and wrong with the virtuous agent who has phronesis rather than with the theory itself. It is also commonly argued that Immanuel Kant’s ethical theory does provide a concept of right that (...)
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  15.  76
    The Reciprocity Theory of Rights.David Rodin - 2014 - Law and Philosophy 33 (3):281-308.
    This article provides an explanatory account of a central class of moral rights; their normative grounding, the conditions for their possession and forfeiture, and their moral stringency. It argues that interpersonal rights against harm and rights to assistance are best understood as arising from reciprocity relations between moral agents. The account has significant advantages compared with rivals such as the interest theory of rights. By explaining the differential enforceability of rights against harm and rights to assistance, the reciprocity (...) helps to refute an argument made by Cecile Fabre that the poor may have a justification for engaging in war against the affluent to compel them to fulfil their duties of assistance to the poor. (shrink)
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  16.  62
    Hume's Utilitarian Theory of Right Action.Jordan-Howard Sobel - 1997 - Philosophical Quarterly 47 (186):55-72.
    A theory of right action is implicit in Hume's delineation of the virtues. It gives qualified priority to 'rules of justice' as Hume's remarks on 'that species of utility which attends this virtue' require. It is a useful actual-rule, not an ideal possible-rule, purely utilitarian theory that discounts rules of justice in 'extraordinary cases', has a problem when rules conflict and invites the question 'Why not hark directly to the supreme law of utility in every case?'. It (...)
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  17.  78
    In Defence of the Will Theory of Rights.Siegfried Van Duffel - 2012 - Res Publica 18 (4):321-331.
    Nicholas Vrousalis has aimed to recast an old objection to the will theory of rights by focusing on Hillel Steiner’s version of that theory. He has argued that Will Theory must either be insensitive to the (values of the) lives of the unempowerable, or be incomplete, because it has no argumentative resources within its conceptual apparatus to ascribe or justify restrictions on the amount of discretion exercised by legal officials. I show that both charges are problematic. They (...)
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  18.  84
    Beyond Normative Control: Against the Will Theory of Rights.Joseph Bowen - 2020 - Canadian Journal of Philosophy 50 (4):427-443.
    The Will Theory of Rights says that having control over another’s duties grounds rights. The Will Theory has commonly been objected to on the grounds that it undergenerates right-ascriptions along three fronts. This paper systematically examines a range of positions open to the Will Theory in response to these counterexamples, while being faithful to the Will Theory’s focus on normative control. It argues that of the seemingly plausible ways the defender of the Will Theory (...)
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  19.  5
    The Non-Coherence Theory of Digital Human Rights.Mart Susi - 2024 - Cambridge University Press.
    Susi offers a novel non-coherence theory of digital human rights to explain the change in meaning and scope of human rights rules, principles, ideas and concepts, and the interrelationships and related actors, when moving from the physical domain into the online domain. The transposition into the digital reality can alter the meaning of well-established offline human rights to a wider or narrower extent, impacting core concepts such as transparency, legal certainty and foreseeability. Susi analyses the 'loss in transposition' of (...)
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  20.  7
    Mill's Theory of Rights.L. W. Sumner - 2008 - In Henry West (ed.), The Blackwell Guide to Mill's Utilitarianism. Wiley-Blackwell. pp. 184–198.
    This chapter contains section titled: Rights and Goals Rules, Rights, and Utility Rights and Liberty.
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  21. Hobbes's theory of rights – a modern interest theory.Eleanor Curran - 2002 - The Journal of Ethics 6 (1):63-86.
    The received view in Thomas Hobbes scholarship is that theindividual rights described by Hobbes in his political writings andspecifically in Leviathan are simple freedoms or libertyrights, that is, rights that are not correlated with duties orobligations on the part of others. In other words, it is usually arguedthat there are no claim rights for individuals in Hobbes''s politicaltheory. This paper argues, against that view, that Hobbes does describeclaim rights, that they come into being when individuals conform to thesecond law of (...)
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  22.  36
    Preserving the interest theory of rights.Mark McBride - 2020 - Legal Theory 26 (1):3-39.
    ABSTRACTAccording to interest theorists of rights, rights function to protect the right-holder's interests. True. But this leaves a lot unsaid. Most saliently here, it is certainly not the case that every agent who stands to benefit from performance of a duty gets to be a right-holder. For a theory to allow this to be the case—to allow for an explosion of right-holders—would be tantamount to a reductio thereof. So the challenge for interest theorists is to respect (...)
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  23.  14
    Theories of Rights.R. G. Frey - 1987 - Philosophical Books 28 (2):102-105.
  24.  35
    Theories of rights - edited by ten, C. L.John Ozolins - 2007 - Educational Philosophy and Theory 39 (3):326–330.
  25.  3
    Theories of Rights ‐ Edited by Ten, C. L.John Ozolins - 2007 - Educational Philosophy and Theory 39 (3):326-330.
  26. A Theory of Rights.Robert Paul Finch - 1976 - Dissertation, Duke University
  27.  2
    A Theory of Rights.Carl R. Kordig - 1981 - Pacific Philosophical Quarterly 62 (2):170-183.
  28.  39
    Dworkin’s Theory of Rights in the Age of Proportionality.Kai Möller - 2018 - The Law and Ethics of Human Rights 12 (2):281-299.
    There is probably no conceptualization of rights more famous than Ronald Dworkin’s claim that they are “trumps.” This seems to stand in stark contrast to the dominant, proportionality-based strand of rights discourse, according to which rights, instead of trumping competing interests, ultimately have to be balanced against them. The goal of this article is to reconcile Dworkin’s work and proportionality and thereby make a contribution to our understanding of both. It offers a critical reconstruction of Dworkin’s theory of rights (...)
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  29.  75
    Toward a Role Ethical Theory of Right Action.Jeremy Evans & Michael Smith - 2018 - Ethical Theory and Moral Practice 21 (3):599-614.
    Despite its prominence in traditional societies and its apparent commonsense appeal, the moral tradition of Role Ethics has been largely neglected in mainstream normative theory. Role Ethics is the view that the duties and/or virtues of social life are determined largely by the social roles we incur in the communities we inhabit. This essay aims to address two of the main challenges that hinder Role Ethics from garnering more serious consideration as a legitimate normative theory, namely that it (...)
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  30.  7
    Outline of a social theory of rights: A neo-pragmatist approach.Filipe Carreira da Silva - 2013 - European Journal of Social Theory 16 (4):457-475.
    This article articulates a neo-pragmatist theory of human rights by drawing and expanding upon the American classical pragmatism of G.H. Mead. It characterizes this neo-pragmatist theory of rights by its anti-foundationalist, relational, fictive, and constitutive nature, and begins by providing a reconstruction of Mead’s social pragmatist approach to rights, a contribution systematically ignored by contemporary sociologists of rights. Next, it details the cost of this disciplinary oblivion by examining how much neo-pragmatism, critical theory, and legal consciousness studies (...)
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  31.  87
    Agent-based Theories of Right Action.Damian Cox - 2006 - Ethical Theory and Moral Practice 9 (5):505-515.
    In this paper, I develop an objection to agent-based accounts of right action. Agent-based accounts of right action attempt to derive moral judgment of actions from judgment of the inner quality of virtuous agents and virtuous agency. A moral theory ought to be something that moral agents can permissibly use in moral deliberation. I argue for a principle that captures this intuition and show that, for a broad range of other-directed virtues and motives, agent-based accounts of (...) action fail to satisfy this principle. (shrink)
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  32.  5
    Towards a Personhood-Based Theory of Right Action.Amara Esther Chimakonam - 2021 - Filosofia Theoretica 10 (2):191-210.
    Since the outbreak of the Covid-19 pandemic, there has been an increase in religious conspiracy theories in Africa, ranging from outright denial, partial acceptance to spreading misinformation about the Coronavirus. This essay will argue that RCTs pose serious challenges to Covid-19 prevention by encouraging non-compliance to Covid-19 preventive measures and refusal to take Covid-19 vaccination. It will then formulate a personhood-based theory of right action. This new theory will be teased out of Ifeanyi Menkiti's account of the (...)
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  33.  11
    A Labelled Deduction System for Kanger's Theory of Rights.Berislav Žarnić - 2006 - Filozofska Istrazivanja 26 (3):731-755.
    Basin-Matthews-Viganò approach to construction of labelled deduction systems for normal modal logics is adapted to „Fitch proof-format“, and it is applied to the language of deontic-praxeological logic. Segerberg's suggestion on how to asses the adequacy of a logic for Kanger's theory of rights is being formally explicated and it is proved that herewith proposed system of labelled deduction satisfies Segerberg's criteria of adequacy. For the purpose of building the proof a semantics is given, which connects „the simplest semantics of (...)
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  34.  70
    A Theory of Justice for Animals: Animal Rights in a Nonideal World.Robert Garner - 2013 - New York: Oup Usa.
    This innovative book is the first to couch the debate about animals in the language of justice, and the first to develop both ideal and nonideal theories of justice for animals. It rejects the abolitionist animal rights position in favor of a revised version of animal rights centering on sentience.
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  35.  30
    The Case Against the Theories of Rights.David Frydrych - 2020 - Oxford Journal of Legal Studies 40 (2):320-346.
    There is a long-standing debate about how best to explain rights—one dominated by two rivals, the Interest and Will theories. This article argues that, not only is each theory irredeemably flawed, the entire debate ought to be abandoned. Section two explains the debate and its constituent theories as a dispute over the criteria for the concept of a right, or for some subset of rights. Section three argues that each theory contains fatal idiosyncratic defects—ones that mostly differ (...)
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  36.  56
    Mixing Interest and Control? Assessing Peter Vallentyne’s Hybrid Theory of Rights.Marcus Agnafors - 2015 - Philosophia 43 (4):933-949.
    The relationship between libertarianism and state is a contested one. Despite pressing full and strict ownership of one’s person and any justly acquired goods, many libertarians have suggested ways in which a state, albeit limited, can be regarded as just. Peter Vallentyne has proposed that all plausible versions of libertarianism are compatible with what he calls ‘private-law states’. His proposal is underpinned by a particular conception of rights, which brings Interest Theory of rights and Will Theory of rights (...)
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  37.  31
    A New Instrumental Theory of Rights.James Sherman - 2010 - Ethical Theory and Moral Practice 13 (2):215-228.
    My goal in this paper is to advance a long-standing debate about the nature of moral rights. The debate focuses on the questions: In virtue of what do persons possess moral rights? What could explain the fact that they possess moral rights? The predominant sides in this debate are the status theory and the instrumental theory. I aim to develop and defend a new instrumental theory. I take as my point of departure the influential view of Joseph (...)
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  38.  10
    Just Interpretations: Law Between Ethics and Politics.Michel Rosenfeld & Professor of Human Rights and Director Program on Global and Comparative Constitutional Theory Michel Rosenfeld - 1998 - Univ of California Press.
    "An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.
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  39. A theory of the good and the right.Richard B. Brandt - 1979 - Amherst, N.Y.: Prometheus Books.
    What system of morals should rational people select as the best for society? Using a contemporary psychological theory of action and of motivation, Richard Brandt's Oxford lectures argue that the purpose of living should be to strive for the greatest good for the largest number of people. Brandt's discussions range from the concept of welfare to conflict between utilitarian moral codes and the dictates of self-interest.
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  40.  97
    The will theory of rights: A defence. [REVIEW]Paul Graham - 1996 - Law and Philosophy 15 (3):257 - 270.
    Hart's will theory of rights has been subjected to at least three significant criticisms. First, it is thought unable to account for the full range of legal rights. Second, it is incoherent, for it values freedom while permitting an agent the option of alienating his or her capacity for choice. Third, any attempt to remedy the first two problems renders the theory reducible to the rival benefit theory. My aim is to address these objections. I argue that (...)
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  41.  36
    Between Insensitivity and Incompleteness: Against the Will Theory of Rights.Nicholas Vrousalis - 2010 - Res Publica 16 (4):415-423.
    This paper recasts an old objection to the will theory in the light of recent attempts to defend that theory, notably by Nigel Simmonds and Hillel Steiner. It enlists the idea of duties of care—effectively restrictions over legal officials’ discretionary exercise of powers—to form a dilemma for such theorists: either legal officials’ discretion over powers is restricted by duties of care for the unempowerable, or it is not. If their discretion is unrestricted, then the will theory is (...)
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  42. The Tracking Theory of Rights.Mark McBride - 2017 - In New Essays on the Nature of Rights. Portland, Oregon: Hart.
     
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  43.  23
    The Social Theory of Rights.Ferdinand Schoeman - 1982 - Bowling Green Studies in Applied Philosophy 4:124-138.
  44.  98
    Lost in moral space: On the infringing/violating distinction and its place in the theory of rights.John Oberdiek - 2004 - Law and Philosophy 23 (4):325 - 346.
    The infringing/violating distinction, first drawn by Judith Jarvis Thomson, is central to much contemporary rights theory. According to Thomson, conduct that is in some sense opposed to a right infringes it, while conduct that is also wrong violates the right. This distinction finds a home what I call, borrowing Robert Nozick's parlance, a "moral space" conception of rights, for the infringing/violating distinction presupposes that, as Nozick puts it, "a line (or hyper-plane) circumscribes an area in moral space (...)
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  45.  26
    Has social justice any legitimacy in Kant's theory of right? The empirical conditions of the legal state as a civil union.Nuria Sánches Madrid - 2014 - Trans/Form/Ação 37 (2):127-146.
    This paper aims at shedding light on an obscure point in Kant's theory of the state. It discusses whether Kant's rational theory of the state recognises the fact that certain exceptional social situations, such as the extreme poverty of some parts of the population, could request institutional state support in order to guarantee the attainment of a minimum threshold of civil independence. It has three aims: 1) to show that Kant's Doctrine of Right can offer solutions for (...)
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  46.  19
    Preface to Social Theory of Property Rights.Ross Zucker - 1995 - Ratio Juris 8 (2):199-211.
    In the history of liberal theories of property, the predominant model deduces a right to highly unequal amounts of property from a premise that the person is primarily independent and self‐determined. But modem social theory, communitarianism and critical legal theory have generated strong support for an alternative premise of social self‐determination of the person. These theories have not, however, adequately explored the logical implications of social personality for the justifiable degree of equality of income under property (...). This study reasons a right to some significant equalization of income from a premise that the individual is socially self‐determined. The supporting argument develops a different concept of social personality than found in prevailing social and communitarian theories. With regard to property, it is particularly important to conceptualize the formation of the individual by and within the system of economic relations. The personological premises are also developed differently from Marx's analysis, which overemphasizes the production side of the economy. The present analysis examines the individual in the consumption side as well. But in contrast to the subjective‐individualist conception of the consumer in neoclassical economic theory, we will utilize a conception of socially self‐determined consumer wants and self‐seeking. This social‐personological premise proves to have strong egalitarian implications for the distribution of income under property rights. (shrink)
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  47. Kant’s System of Rights by Leslie A. Mulholland.Allen W. Wood - 1992 - The Thomist 56 (3):535-540.
    In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 535 second English volume), Ratzinger's Behold the Prerced One (pp. 1345 ), and W. Kasper's Theology and Church (pp. 94-108; Kasper says simply, "Rahner's characterization of neo-Chalcedonianism is historicaly inaccurate," p. 214, note 18). As it is, Ols's treatment reminds us that Rahner's own writings, which overlooked the later Councils of Constantinople, presume that Chalcedon had been the end of a development in Christology; this inaccurate presumption (...)
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  48.  82
    Moral methodology and the third theory of rights.Saladin Meckled-Garcia - manuscript
    The paper engages the conceptual question of the nature of rights. First, moral methodology for developing criteria to judge the adequacy of theories for the concept of rights is discussed. Standard methodologies for conceptual theory, such as analysis of language practices, appealing to intuitions to test and correct hypotheses, and mixtures of these with appeals to substantive moral values, are shown to fail in important ways to give us reasons to adopt one or another view of the concept. An (...)
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  49.  24
    Theories of the Right of Secession: A Republican Analysis.Lluis Perez-Lozano - 2021 - Las Torres de Lucca. International Journal of Political Philosophy 10 (18):69-87.
    Republican theorists have paid little attention to the normative problems of secession conflicts. So far, there is no such thing as a democratic republican theory of right of secession ; nor any comprehensive analysis of current TRS has ever been undertaken from a democratic republican point of view. This article tries to fill this second gap as a first step in order to fill that first one. In doing so, it shows how secession conflicts pose threats for two (...)
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  50.  81
    Immanuel Kant's Theory of Rights.Gunnar Beck - 2006 - Ratio Juris 19 (4):371-401.
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