Rights

Edited by Tom Dougherty (University of North Carolina, Chapel Hill)
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Subcategories
Legal Rights (166)
Rights, Misc (262)
History/traditions: Rights

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  1. Strikes, civil rights, and radical disobedience: From King to Debs and back.Alex Gourevitch - 2023 - Contemporary Political Theory 22 (2):143-164.
    Recent scholarship has insisted on a more historically attentive approach to civil disobedience. This article follows their lead by arguing that the dominant understanding of civil disobedience relies on a conceptual confusion and a historical mistake. Conceptually, the literature fails to distinguish between violating a law and defying the authority of a legal order. Historically, the literature misreads the exemplary case of Martin Luther King Jr. in Birmingham, Alabama. When read in its proper context, we can see King was not (...)
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  2. PSI Response to the Call from the UN Committee on the Rights of the Child: Draft General Comment No. 26, Specific Rights of the Convention as They Relate to the Environment and With a Special Focus on Climate Change.Michelle Cowley-Cunningham - 2023 - Ohchr, Gc26-Cs-Psychological-Society-Ireland-2023-02-14.
    The Psychological Society of Ireland’s (PSI) response to the call from the United Nations (UN) Committee on the Rights of the Child: Draft General Comment No. 26 Calls for comment on the draft general comment on children’s rights and the environment with a special focus on climate change III. ‘Specific rights of the Convention as they relate to the environment’, B. The right to the highest attainable standard of health (art. 24), 27. … children’s current and anticipated psychosocial, emotional and (...)
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  3. A Libertarian Defense of Title II of the 1964 Civil Rights Act.William Kline - 2023 - Journal of Business Ethics 185 (1):75-87.
    Twice in the _Journal of Business Ethics_, Walter Block provides a libertarian argument that The Civil Rights Act of 1964 is unjust because it is a violation of a business’s property rights and therefore ought to be repealed. No libertarian reply to Block has ever been given, creating the mistaken impression that his argument is the true representation of libertarian theory with regards to civil rights. This paper focuses on Title II and argues that both Block, and this prevailing opinion (...)
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  4. Rights of conscience inside the technological corporation.Mike W. Martin - 1986 - In Otto Neumaier (ed.), Wissen und Gewissen: Arbeiten zur Verantwortungsproblematik. VWGÖ.
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  5. Truth, Proof, Rights and the Rule of Law in Criminal Adjudication.John Dugald Jackson - 2023 - Quaestio Facti 5.
    A comment on S. J. Summers «Epistemic Ambitions of the Criminal Trial: Truth, Proof and Rights».
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  6. Why don't animals have rights?Riku Murao - manuscript
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  7. Rights and agency.Amartya Sen - 1988 - In Samuel Scheffler (ed.), Consequentialism and its critics. Oxford University Press.
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  8. Rights, goals, and fairness.T. M. Scanlon - 1988 - In Samuel Scheffler (ed.), Consequentialism and its critics. Oxford University Press.
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  9. Contestations in urban mobility: rights, risks, and responsibilities for Urban AI.Nitin Sawhney - 2023 - AI and Society 38 (3):1083-1098.
    Cities today are dynamic urban ecosystems with evolving physical, socio-cultural, and technological infrastructures. Many contestations arise from the effects of inequitable access and intersecting crises currently faced by cities, which may be amplified by the algorithmic and data-centric infrastructures being introduced in urban contexts. In this article, I argue for a critical lens into how inter-related urban technologies, big data and policies, constituted as Urban AI, offer both challenges and opportunities. I examine scenarios of contestations in _urban mobility_, defined broadly (...)
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  10. Comparison of the views of patients and rehabilitation therapists on the importance and respecting of the patients’ rights charter.Zahra Ghayoumi-Anaraki, Mina Forough Bakhsh, Seyed Ahmad Rezaei Anbarake & Mohaddeseh Mohsenpour - 2023 - Clinical Ethics 18 (2):245-250.
    Introduction Respecting the Patients’ Rights Charter leads to the demands of patients for their rights and the response of rehabilitation therapists by increasing their compliance. The present study aimed to compare the views of patients and rehabilitation therapists about the importance and extent of compliance with the Patients’ Rights Charter. Methods This cross-sectional study was conducted for 3 months on 114 patients and 55 therapists who were selected using the convenience sampling method. The data collection tools included a demographic information (...)
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  11. Minding Rights: Mapping Ethical and Legal Foundations of ‘Neurorights’.Sjors Ligthart, Marcello Ienca, Gerben Meynen, Fruzsina Molnar-Gabor, Roberto Andorno, Christoph Bublitz, Paul Catley, Lisa Claydon, Thomas Douglas, Nita Farahany, Joseph J. Fins, Sara Goering, Pim Haselager, Fabrice Jotterand, Andrea Lavazza, Allan McCay, Abel Wajnerman Paz, Stephen Rainey, Jesper Ryberg & Philipp Kellmeyer - forthcoming - Cambridge Quarterly of Healthcare Ethics:1-21.
    The rise of neurotechnologies, especially in combination with artificial intelligence (AI)-based methods for brain data analytics, has given rise to concerns around the protection of mental privacy, mental integrity and cognitive liberty – often framed as “neurorights” in ethical, legal, and policy discussions. Several states are now looking at including neurorights into their constitutional legal frameworks, and international institutions and organizations, such as UNESCO and the Council of Europe, are taking an active interest in developing international policy and governance guidelines (...)
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  12. Chloe and Fern, Cam and Donna: The denial of moral demand‐rights. Comments on Margaret Gilbert's Rights and Demands: a Foundational Inquiry.Gary Watson - 2023 - Philosophy and Phenomenological Research 106 (2):505-511.
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  13. Margaret Gilbert on “Rights and Demands”.Richard Arneson - 2023 - Philosophy and Phenomenological Research 106 (2):512-517.
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  14. Legal Rights and Joint Commitment.Jeffrey Helmreich - 2023 - Philosophy and Phenomenological Research 106 (2):518-524.
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  15. Beyond Individual Rights.Judy D. Whipps - 2023 - European Journal of Pragmatism and American Philosophy 15 (1).
    Jane Addams, Florence Kelley, and second-generation Hull House activist Grace Abbott were at the forefront of a reconstruction of early twentieth-century American democracy. They worked to reframe U.S. political democracy, expanding its focus beyond individual rights to caring for the social community. The movement away from laissez-faire government toward state and federal legislation protecting children, women, and workers was often halting, sometimes stymied by public opposition, and other times blocked by Supreme Court decisions. Grace Abbott’s social and political philosophy demonstrated (...)
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  16. Dewey’s Democratic Spiral and the Civil Rights Movement.Luis S. Villacañas de Castro - 2023 - European Journal of Pragmatism and American Philosophy 15 (1).
    Careful reading of John Dewey’s The Public and its Problems reveals a weak point at the stage when a given public became self-aware and proceeded to seek representation in the institutions of the state. Aside from a general emphasis on art and science, Dewey’s political theory offered no concrete discussion of the means suitable for this phase of the democratic process. Furthermore, the dichotomy between violence and the peaceful means of art and science left no space for the affirmation of (...)
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  17. Compulsory Vaccination and Nozickian Rights.Simon Clarke - 2023 - Journal of Applied Philosophy 40 (2):303-320.
    This article examines compulsory vaccination from the perspective of Nozick's theory of rights. It argues that the unvaccinated are a threat, even if unintended, to the rights of others. The reasons Nozick provides for when such threats may be forcibly prevented, such as the identifiability of the rights violator, general fear of the risky activity, probability of harm, and the general benefits of the activity, are examined, and it is argued that those reasons weigh in favour of prohibition of the (...)
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  18. O igualitarianismo de Mary Wollstonecraft em A Vindication of the Rights of Men.Eunice Ostrensky - 2022 - Discurso 52 (2):210-233.
    Em A Vindication of the Rights of Men, Mary Wollstonecraft elabora uma resposta a Reflections on the Revolution in France, de Edmund Burke, com base na oposição irredutível entre justiça e o estatuto da propriedade fundiária aristocrática. Entre os vários efeitos perniciosos da dominação dos proprietários sobre os não-proprietários, está a opressão das mulheres, legitimada pelo emprego da linguagem da sensibilidade. O artigo visa discutir a análise de Wollstonecraft sobre os fundamentos da sociedade aristocrática, lançando luz sobre seus valores morais.
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  19. Human reproductive cloning : a test case for individual rights?Florian Braune, Nikola Biller-Andorno & Claudia Wiesemann - 2006 - In Heiner Roetz (ed.), Cross-cultural issues in bioethics: the example of human cloning. Rodopi.
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  20. The Rights of Children with Psychosocial Disabilities and the Prescription of Antipsychotics in Childhood.Sandra Caponi - 2023 - In Ana Paula Barbosa-Fohrmann & Sandra Caponi (eds.), Latin American Interdisciplinary Perspectives on Bioethics and Disabilities. Springer Nature. pp. 125-137.
    The objective of this chapter is to initiate a discussion in the field of the human rights of people with psychosocial disabilities, challenging the prevailing hegemonic medical model. I propose to examine the arguments used to legitimize and spread the use of antipsychotics, with serious side effects and questionable benefits, for children who suffer from some type of psychosocial disability. I argue that the effective guarantee of “respect for the developing capacities of children with disabilities” is called into question when (...)
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  21. The Rights-Forfeiture Theory of Punishment.Whitley Kaufman - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 313-331.
    The rights-forfeiture theory of punishment attempts to explain and justify the practice of punishment by arguing that wrongdoers in virtue of their wrongdoing have forfeited the right not to be punished. The theory however faces many challenges, including how to explain just what right or rights have been forfeited. Most problematic for the theory is that, in claiming that wrongdoers forfeit their rights, it seems merely to restate the claim that punishment is morally permissible rather than providing an explanation of (...)
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  22. Authorship and Rights Ownership in the Machine Translation Era.Miguel L. Lacruz Mantecón - 2023 - In Helena Moniz & Carla Parra Escartín (eds.), Towards Responsible Machine Translation: Ethical and Legal Considerations in Machine Translation. Springer Verlag. pp. 71-92.
    A translation of a text of any kind is a derivative intellectual work. It involves a transformation of the original text, and therefore it is a right of the holder of that text to authorize (or not) its translation. This is covered in Article 8 of the Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886, and the same Convention tells us in Article 2.3 that “Translations, (…) and other alterations of a literary or artistic (...)
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  23. Licensing and Usage Rights of Language Data in Machine Translation.Mikel L. Forcada - 2023 - In Helena Moniz & Carla Parra Escartín (eds.), Towards Responsible Machine Translation: Ethical and Legal Considerations in Machine Translation. Springer Verlag. pp. 49-69.
    Machine translation (MT) is special in that it heavily relies on data. In rule-based MT, an engine performs the translation task by using language resources such as dictionaries and grammar rules, usually written by experts, but sometimes learned from monolingual or bilingual text. Corpus-based (statistical and, more recently, neural) MT leverages large amounts of monolingual and sentence-aligned bilingual text. Clearly, MT programs using these data are works of creation that may be copyright-protected, but this chapter focuses on data. Human labour, (...)
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  24. Death, Suffering, Predation, Animal Rights and Interpretation.Denis Hahn & Paul Risk - manuscript
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  25. Multiculturalism.Duncan Ivison - 2001 - In Neil J. Smelser & Paul B. Baltes (eds.), International Encyclopedia of Social and Behavioural Sciences. Pergamon. pp. 10169-75.
    First published in the International Encyclopaedia of Social and Behavioural Sciences (Pergamon Press, 2001); reprinted in the 2nd edition (2015). An overview of different justifications of multiculturalism in contemporary political theory, as well as various challenges to and critiques of those arguments.
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  26. The domestic struggle for traditional medical knowledge rights.Nan Xia - 2023 - Developing World Bioethics 23 (1):76-87.
    In China, the local communities and various ethnic minorities still hold, sustain and develop traditional medicial knowledge (TMK), innovations, and practices within the original communities. TMK also has pharmaceutical option value, which has attracted interests in commercial use of TMK for pharmaceutical innovation in China. However, the increased use of TMK for non-traditional purposes might lead to a change in the customary treatment of TMK as common goods of relevant communities and peoples, and may lead to significant tension faced by (...)
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  27. The domestic struggle for traditional medical knowledge rights.Nan Xia - 2023 - Developing World Bioethics 23 (1):76-87.
    In China, the local communities and various ethnic minorities still hold, sustain and develop traditional medicial knowledge (TMK), innovations, and practices within the original communities. TMK also has pharmaceutical option value, which has attracted interests in commercial use of TMK for pharmaceutical innovation in China. However, the increased use of TMK for non-traditional purposes might lead to a change in the customary treatment of TMK as common goods of relevant communities and peoples, and may lead to significant tension faced by (...)
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  28. The Right to Self-Defense Against the State.Jasmine Rae Straight - 2022 - Dissertation, University of Colorado, Boulder
    My dissertation develops a defense of a right to self-defense against the state. I set aside anarchist theories and grant for the sake of argument that the state has legitimate political authority. My goal is to convince non-anarchists that the right to self-defense extends to individuals against the state and the state’s agents. I argue that the right to self-defense is a fundamental, negative, claim right. The right to self-defense has these characteristics: (1) it is fundamental, meaning that it is (...)
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  29. The Alchemy of Race and Rights: Diary of a Law Professor.Patricia J. Williams - 1991 - Harvard University Press.
  30. Ideation and Innovation in Constitutional Rights.Zachary Elkins & Tom Ginsburg - 2022 - The Law and Ethics of Human Rights 16 (2):217-244.
    This article explores the development of ideas in constitutional design. The point of departure is a perspective of constitutions-as-products, and thus, an examination of the invention, innovation, and an uptake of these products. The article conceptualizes constitutional innovation and distinguishes its manifestations with respect to constitutional products, the process of constitution-making, and in supporting institutions. The last two elements, in line with Schumpeter’s approach to innovation, would seem especially important to constitutional development. The article provides several examples from the area (...)
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  31. Two dogmas of deontology : aggregation, rights, and the separateness of persons.Alastair Norcross - 2009 - In Ellen Frankel Paul, Fred Dycus Miller & Jeffrey Paul (eds.), Utilitarianism: the aggregation question. Cambridge University Press.
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  32. Democratic Trust and Injustice.Duncan Ivison - 2023 - Journal of Social and Political Philosophy 2 (1):78-94.
    Trust is a crucial condition for the legitimacy and effectiveness of democratic institutions in conditions of deep diversity and enduring injustices. Liberal democratic societies require forms of engagement and deliberation that require trustful relations between citizens: trust is a necessary condition for securing and sustaining just institutions and practices. Establishing trust is hard when there is a lingering suspicion that the institutions citizens are subject to are illegitimate or undermine their ability to participate and deliberate on equal terms. The promise (...)
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  33. Power, suffering, and courts : reflections on promoting health rights through judicialization.Alicia Ely Yamin - 2011 - In Alicia Ely Yamin & Siri Gloppen (eds.), Litigating health rights: can courts bring more justice to health? Harvard University Press.
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  34. Assessing the impact of health rights litigation : a comparative analysis of Argentina, Brazil, Colombia, Costa Rica, India, and South Africa.Ottar Mstad, Lise Rakner & Octavio L. Motta Ferraz - 2011 - In Alicia Ely Yamin & Siri Gloppen (eds.), Litigating health rights: can courts bring more justice to health? Harvard University Press.
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  35. Dialogic justice in the enforcement of social rights : some initial arguments.Roberto Gargarella - 2011 - In Alicia Ely Yamin & Siri Gloppen (eds.), Litigating health rights: can courts bring more justice to health? Harvard University Press.
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  36. South Africa : health rights litigation : cautious constitutionalism.Carole Cooper - 2011 - In Alicia Ely Yamin & Siri Gloppen (eds.), Litigating health rights: can courts bring more justice to health? Harvard University Press.
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  37. Costa Rica : health rights litigation : causes and consequences.Bruce M. Wilson - 2011 - In Alicia Ely Yamin & Siri Gloppen (eds.), Litigating health rights: can courts bring more justice to health? Harvard University Press.
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  38. Brazil : health inequalities, rights, and courts : the social impact of the "judicialization of health".Octavio L. Motta Ferraz - 2011 - In Alicia Ely Yamin & Siri Gloppen (eds.), Litigating health rights: can courts bring more justice to health? Harvard University Press.
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  39. Litigating health rights : framing the analysis.Siri Gloppen - 2011 - In Alicia Ely Yamin & Siri Gloppen (eds.), Litigating health rights: can courts bring more justice to health? Harvard University Press.
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  40. Litigating health rights: can courts bring more justice to health?Alicia Ely Yamin & Siri Gloppen (eds.) - 2011 - Cambridge, MA: Harvard University Press.
    This book examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It asks who benefits both directly and indirectly—and what the overall impacts on health equity are. Included are case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia.
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  41. Rights and entitlements in human tissue and cells: the BENELUX countries (Fifth International Workshop, Leiden).Jasper A. Bovenberg - 2011 - In Katharina Beier, Nils Hoppe, Christian Lenk & Silvia Schnorrer (eds.), The ethical and legal regulation of human tissue and biobank research in Europe: proceedings of the Tiss.EU project. Universit atsverlag G ottingen.
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  42. Privacy, confidentiality and personality rights in biobanking and genetic research with human tissue (Second International Conference, G ottingen).Katharina Beier - 2011 - In Katharina Beier, Nils Hoppe, Christian Lenk & Silvia Schnorrer (eds.), The ethical and legal regulation of human tissue and biobank research in Europe: proceedings of the Tiss.EU project. Universit atsverlag G ottingen.
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  43. Rights and entitlements in human tissue and cells (First International Workshop, Hannover).Katharina Beier - 2011 - In Katharina Beier, Nils Hoppe, Christian Lenk & Silvia Schnorrer (eds.), The ethical and legal regulation of human tissue and biobank research in Europe: proceedings of the Tiss.EU project. Universit atsverlag G ottingen.
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  44. Doing justice to rights and values : teleological reasoning and proportionality.Giovanni Sartor - 2011 - In Jerzy Stelmach & Wojciech Załuski (eds.), Game theory and the law. Copernicus Center Press.
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  45. The rights of future generations in environmental ethics.Carlo Petrini - 2011 - In Jeremy S. Duncan (ed.), Perspectives on ethics. Nova Science Publishers.
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  46. Rights and private law.Donal Nolan & Andrew Robertson - 2012 - In Donal Nolan & Andrew Robertson (eds.), Rights and private law. Hart.
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  47. Constructing the Abstract Individual.Jesper Ahlin Marceta - 2021 - Erkenntnis 88 (3):951-964.
    The abstract individual is a model that represents real human beings in moral and political philosophy. It occupies a central role in individualist theories such as political liberalism and mainstream Western medical ethics. This article presents two methodological standards for assessing competing models. Taken together, the standards form an objective yardstick against which different constructions of the abstract individual can be evaluated. Thereby, the article introduces a new level of abstraction, and a new set of normative principles, to individualist moral (...)
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  48. Why there is no obligation to love God.William Bell & Graham Renz - forthcoming - Religious Studies.
    The first and greatest commandment according to Jesus, and so the one most central to Christian practice, is the command to love God. We argue that this commandment is best interpreted in aretaic rather than deontic terms. In brief, we argue that there is no obligation to love God. While bad, failure to seek and enjoy a union of love with God is not in violation of any general moral requirement. The core argument is straightforward: relations of intimacy should not (...)
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  49. An AI Bill of Rights: Implications for Health Care AI and Machine Learning—A Bioethics Lens.Jennifer Blumenthal-Barby - 2022 - American Journal of Bioethics 23 (1):4-6.
    Just last week (October 4, 2022), the U.S. White House released a blueprint for an A.I. Bill of Rights, consisting of “five principles and associated practices to help guide the design, use, and de...
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  50. Beyond Welfare: A Preliminary Bahá’í Normative Framework for Economic Rights and Responsibilities.Vargha Bolodo-Taefi - 2021 - Journal of Bahá’Í Studies 31 (1-2):45-71.
    Invoking a broad catalog of applicable Bahá’í principles, this paper presents the conceptual and theoretical underpinnings of a Bahá’í approach to economic growth and disparity and then maps these concepts onto an applied framework of economic rights and responsibilities. The framework that emerges thus both conceptualizes the underlying virtues that govern economic prosperity in a Bahá’í model and shows how these principles might lead to normative prescriptions for economic rights and responsibilities. The paper concludes that the Bahá’í principles dealing with (...)
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