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  1. Towards Non-essentialism – Tracking Rival Views of Legitimacy as a Right to Rule.Matthias Brinkmann & Johan Vorland Wibye - 2023 - Oxford Journal of Legal Studies.
    It is common in the literature to claim that legitimacy is the right to rule and that, accordingly, Hohfeldian rights analysis can be used to understand the concept. However, we argue that authors in the legitimacy literature have not generally realised the full potential of Hohfeldian analysis. We discuss extant approaches in the literature that conceptually identify legitimacy with one particular Hohfeldian incident, or, more rarely, a determinate set of incidents. Against these views, and building on parallel debates in property (...)
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  2. Hate Speech as Antithetical to Free Speech: The Real Polarity.Tiffany Elise Montoya - 2023 - Leiden, Netherlands: Brill. Edited by Will Barnes.
    I claim that hate speech is actually antithetical to free speech. Nevertheless, this claim invokes the misconception that one would be jeopardizing free speech due to a phenomenon known as "false polarization" – a “tendency for disputants to overestimate the extent to which they disagree about whatever contested question is at hand.” The real polarity does not lie between hate speech (as protected free speech) vs. censorship. Rather, hate speech is censorship. It is the censorship of entire sectors of the (...)
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  3. Rights and Practical Reasoning: A Practical View on the Specificationism vs Generalism Debate.Cristián Rettig - 2023 - Journal of Value Inquiry 1 (1):1-15.
    In this paper, I argue that specificationism deprives rights of any significant role in practical reasoning before it arrives at a conclusion, while the generalist conception preserves the practical role we intuitively assign to rights in reasoning directed to action. Assuming that a conception of rights faithful to ordinary practical reasoning is preferable, this fact gives a strong reason to prefer generalism over specificationism, although not without qualification. To be satisfactory from the practical standpoint, any account of rights that adopts (...)
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  4. Rights Correlativity.David Frydrych - 2022 - In The Legacy of Wesley Hohfeld. Cambridge University Press. pp. 112-137.
    This chapter explicates and critically assesses RIGHTS CORRELATIVITY. Section II addresses three core issues. The first concerns the conceptual structure of the tethered positions: does correlativity mean that the positions’ features must be symmetrical? Are correlative rights and duties the “mirror images” of one another, or not? A second issue is Existential correlativity: must the positions invariably co-obtain, or can one exist with the other(s)? Can there be a right without a correlative duty, and vice versa? A third issue concerns (...)
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  5. Righting Health Policy: Bioethics, Political Philosophy, and the Normative Justification of Health Law and Policy.D. Robert MacDougall - 2022 - Lanham: Lexington Books.
    In Righting Health Policy, MacDougall argues that bioethics has not developed the tools best suited for justifying health law and policy. Using Kant’s practical philosophy as an example, he explores the promise of political philosophy for making normatively justified recommendations about health law and policy.
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  6. The supersession thesis, climate change, and the rights of future people.Santiago Truccone-Borgogno - 2022 - Critical Review of International Social and Political Philosophy 25 (3):364-379.
    In this article, I explore the relationship between the supersession thesis and the rights of future people. In particular, I show that changes in circumstances might supersede future people’s rights. I argue that appropriating resources that belong to future people does not necessarily result in a duty to return the resources in full. I explore how these findings are relevant for climate change justice. Assuming future generations of developing countries originally had a right to use a certain amount of the (...)
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  7. The Architecture of Rights: Models and Theories.David Frydrych - 2021 - Palgrave Macmillan.
    What is a right? What, if anything, makes rights different from other features of the normative world, such as duties, standards, rules, or principles? Do all rights serve some ultimate purpose? In addition to raising these questions, philosophers and jurists have long been aware that different senses of ‘a right’ abound. To help make sense of this diversity, and to address the above questions, they developed two types of accounts of rights: models and theories. This book explicates rights modelling and (...)
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  8. Minimalism, Determinacy, and Human Rights.Robert Mark Simpson - 2021 - Canadian Journal of Law and Jurisprudence 34 (1):149-169.
    Many theorists understand human rights as only aiming to secure a minimally decent existence, rather than a positively good or flourishing life. Some of the theoretical considerations that support this minimalist view have been mapped out in the philosophical literature. The aim of this paper is to explain how a relatively neglected theoretical desideratum – namely, determinacy – can be invoked in arguing for human rights minimalism. Most of us want a theory of human rights whose demands can be realized, (...)
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  9. 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 from the canonical (...)
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  10. Ignorance, Beneficence, and Rights.Kieran Setiya - 2020 - Journal of Moral Philosophy 17 (1):56-74.
    I argue that ignorance of who will die makes a difference to the ethics of killing. It follows that reasons are subject to ‘specificity’: it can be rational to respond more strongly to facts that provide us with reasons than to the fact that such reasons exist. In the case of killing and letting die, these reasons are distinctively particular: they turn on personal acquaintance. The theory of rights must be, in part, a theory of this relation.
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  11. 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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  12. Rights, Roles and Interests.Robert Mullins - 2019 - Journal of Ethics and Social Philosophy 16 (2):95-115.
    I argue that rights that protect our performance of roles are grounded in our interests in performing that role. Many of valuable roles are partly constituted by duties or obligations. Nonetheless these roles—even apparently burdensome roles—contribute to our interests. Once it is bestowed upon them, the role has special value to its bearer. Under certain conditions, the individual’s interest in performing their role is sufficient to ground rights. I conclude by briefly discussing the possibility of detached or non-committed rights attributions. (...)
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  13. Towards a More Particularist View of Rights’ Stringency.Benedict Rumbold - 2019 - Res Publica 25 (2):211-233.
    For all their various disagreements, one point upon which rights theorists often agree is that it is simply part of the nature of rights that they tend to override, outweigh or exclude competing considerations in moral reasoning, that they have ‘peremptory force’, making ‘powerful demands’ that can only be overridden in ‘exceptional circumstances’, Philosophical Foundations of Human Rights, Oxford University Press, Oxford, 2016, p. 240). In this article I challenge this thought. My aim here is not to prove that the (...)
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  14. چگونه هفت Sociopaths که حکومت چین در حال برنده شدن در جنگ جهانی سه و سه راه برای جلوگیری از آنها.Michael Richard Starks - 2019 - In خودکشی توسط دموکراسی یک موانع برای آمریکا و جهان. Las Vegas, NV USA: Reality Press. pp. 41-45.
    اولین چیزی که ما باید در ذهن داشته باشیم این است که زمانی که گفت که چین می گوید که این یا چین این کار را انجام می دهد ، ما از مردم چین صحبت نمی کنیم ، اما از Sociopaths که کنترل حزب کمونیست چین-چینی ، یعنی هفت قاتلان جامعه سالخورده (SSSSK) از th e کمیته ایستاده از حزب کمونیست چین و یا 25 نفر از اعضای پلی تکنیک و غیره. -/- برنامه های حزب کمونیست برای WW3 و سلطه (...)
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  15. Hohfeld vs. the Legal Realists.David Frydrych - 2018 - Legal Theory 24 (4):291-344.
    2018 marked the centenary of Wesley Hohfeld’s untimely passing. Curiously, in recent years quite a few legal historians and philosophers have identified him as a Legal Realist. This article argues that Hohfeld was no such thing, that his work need not be understood in such lights, and that he in fact made a smaller contribution to jurisprudence than is generally believed. He has nothing to do with theories of official decision-making that identify “extra-legal” factors as the real drivers of judicial (...)
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  16. 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 explanations (...)
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  17. Why it is Disrespectful to Violate Rights: Contractualism and the Kind-Desire Theory.Janis David Schaab - 2018 - Philosophical Studies 175 (1):97-116.
    The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to accommodate all and only rights-attributions that make sense to ordinary speakers. The Kind-Desire Theory, Leif Wenar’s recent contribution to the field, appears to fare better in this respect than any of its predecessors. The theory states that we attribute a right to an individual if she has a kind-based desire that a certain enforceable duty be fulfilled. A kind-based desire is a reason to want (...)
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  18. Rights Modelling.David Frydrych - 2017 - Canadian Journal of Law and Jurisprudence 30 (1):125-157.
    This paper has four aims. First it distinguishes two kinds of philosophical accounts of the ‘formal’ features of rights: models and theories. Models outline the ‘conceptually basic’ types of rights (if indeed a given model deems there to be more than one), their differences, and their relationships with duties, liabilities, etc. Theories of rights posit a supposed ultimate purpose for all rights and provide criteria for determining what counts as ‘a right’ in the first place. Second, the paper argues that (...)
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  19. Responsibility and Self-Defense: Can We Have It All?Adam Hosein - 2017 - Res Publica 23 (3):367-385.
    The role of responsibility in our common-sense morality of self-defense is complex. According to common-sense morality, one can sometimes use substantial, even deadly, force against people who are only minimally responsible for posing a threat to us. The role of responsibility in self-defense is thus limited. However, responsibility is still sometimes relevant. It sometime affects how much force you can use against a threatener: less if they are less responsible and more if they are more responsible. Is there a well-motivated (...)
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  20. Human Rights and The Right to be Loved.Japa Pallikkathayil - 2017 - Philosophy and Phenomenological Research 94 (3):743-748.
  21. Schopenhauer on the Rights of Animals.Stephen Puryear - 2017 - European Journal of Philosophy 25 (2):250-269.
    I argue that Schopenhauer’s ascription of (moral) rights to animals flows naturally from his distinctive analysis of the concept of a right. In contrast to those who regard rights as fundamental and then cast wrongdoing as a matter of violating rights, he takes wrong (Unrecht) to be the more fundamental notion and defines the concept of a right (Recht) in its terms. He then offers an account of wrongdoing which makes it plausible to suppose that at least many animals can (...)
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  22. Self-Defense as Claim Right, Liberty, and Act-Specific Agent-Relative Prerogative.Uwe Steinhoff - 2016 - Law and Philosophy 35 (2):193-209.
    This paper is not so much concerned with the question under which circumstances self-defense is justified, but rather with other normative features of self-defense as well as with the source of the self-defense justification. I will argue that the aggressor’s rights-forfeiture alone – and hence the liberty-right of the defender to defend himself – cannot explain the intuitively obvious fact that a prohibition on self-defense would wrong victims of attack. This can only be explained by conceiving of self-defense also as (...)
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  23. Hohfeldian Normative Systems.Pierfrancesco Biasetti - 2015 - Philosophia 43 (4):951-959.
    Hohfeldian normative system are normative systems that can be described by means of the analytical framework expounded by Hohfeld in his two famous papers on the fundamental legal conceptions. In this article I analyze some features of this particular kind of normative systems. Hohfeld’s original idea was to design a universal tool capable of describing, at the most basic level, the web of normative relationships between persons created by a system of rules. My claim is, instead, that if we take (...)
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  24. Infinite Regress and Hohfeld: A Comment on Hillel Steiner’s “Directed Duties and Inalienable Rights”.Pierfrancesco Biasetti - 2015 - Ethics 126 (1):139-152.
    In his article “Directed Duties and Inalienable Rights,” Hillel Steiner advances an argument to show that there cannot be inalienable rights. This “impossibility theorem,” as well as providing an interesting result by itself, could break the theoretical deadlock in the debate between proponents of interest theory, on the one hand, and proponents of will theory, on the other. In this article, I comment on Steiner’s argument, and I try to show why it does not work. I then expound a paradoxical (...)
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  25. Pro‐Tanto versus Absolute Rights.Danny Frederick - 2014 - Philosophical Forum 45 (4):375-394.
    Judith Jarvis Thomson and others contend that rights are pro-tanto rather than absolute, that is, that rights may permissibly be infringed in some circumstances. Alan Gewirth maintains that there are some rights that are absolute because infringing them would amount to unspeakable evil. However, there seem to be possible circumstances in which it would be permissible to infringe even those rights. Specificationists, such as Gerald Gaus, Russ Shafer-Landau, Hillel Steiner and Kit Wellman, argue that all rights are absolute because they (...)
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  26. Rights, Duties, and Moral Conflicts.Biasetti Pierfrancesco - 2014 - Etica E Politica (2):1042-1062.
    In this paper I would like to make a contribution to the debate on rights-talk and duties-talk relationship and priority by addressing the problem from a peculiar angle: that of moral conflicts and dilemma. My working hypothesis is that it should be possible to identify some basic and relevant normative features of rights-talk and duties-talk by observing how they modify the description of moral conflicts. I will try to show that both rights and duties posses original and irreducible normative features, (...)
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  27. Choices, Interests, and Potentiality: What Distinguishes Bearers of Rights? [REVIEW]Anna-Karin Margareta Andersson - 2013 - Journal of Value Inquiry 47 (3):175-190.
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  28. Rights.Duncan Ivison - 2007 - Acumen Publishing/Routledge.
    The language of rights pervades modern social and political discourse and yet there is deep disagreement amongst citizens, politicians and philosophers about just what they mean. Who has them? Who should have them? Who can claim them? What are the grounds upon which they can be claimed? How are they related to other important moral and political values such as community, virtue, autonomy, democracy and social justice? In this book, Duncan Ivison offers a unique and accessible integration of, and introduction (...)
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  29. Book Review: 'An Essay on Rights,' Hillel Steiner. [REVIEW]Frederick Danny - 1995 - Free Life 24:26-27.
    Hillel Steiner’s argument in this book is bold, imaginative and illuminating, despite being vitiated by some logical errors and a wholly impractical redistributive method.
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  30. Steiner's Trilemma. A Critical Comment on Hillel Steiner's "Rational Rights".Eduardo Rivera-López - 1995 - Analyse & Kritik 17 (2):232-235.
    I try to show that Steiner's theory has very implausible normative consequences since it does not accept the prima facie character or rights. This theory is unable to solve the conflicts of interests in which the only intuitively plausible solution consists in overriding someone's rights.
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  31. Abortion, Abandonment, and Positive Rights: The Limits of Compulsory Altruism*: RODERICK T. LONG.Roderick T. Long - 1993 - Social Philosophy and Policy 10 (1):166-191.
    We began with three propositions: that people have a right not to be treated as mere means to the ends of others, that a woman who voluntarily becomes pregnant nevertheless has the right to an abortion, and that a woman who voluntarily gives birth does not have a right to abandon her child until she finds a substitute caretaker. These propositions initially seemed inconsistent, for the prohibition on treating others as mere means appeared to rule out the possibility of positive (...)
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  32. The structure of basic human rights.George E. Panichas - 1985 - Law and Philosophy 4 (3):343 - 375.
    This paper offers a theory of the structure of basic human rights which is both compatible with and clarificatory of the traditional conception of such rights. A central contention of the theory is that basic rights are structurally different from other kinds of moral rights, such as special rights, because of differences both in the way in which basic rights have content and the model on which basic rights are correlative with duties. This contention is exploited to develop and defend (...)
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  33. 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 alternative (...)
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