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In defence of infringement

Law and Philosophy 27 (3):269-292 (2008)

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  1. Moral conflict and the logic of rights.Robert Mullins - 2020 - Philosophical Studies 177 (3):633-651.
    The paper proposes a revised logic of rights in order to accommodate moral conflict. There are often said to be two rival philosophical accounts of rights with respect to moral conflict. Specificationists about rights insist that rights cannot conflict, since they reflect overall deontic conclusions. Generalists instead argue that rights reflect pro tanto constraints on behaviour. After offering an overview of the debate between generalists and specificationists with respect to rights, I outline the challenge of developing a logic of rights-reasoning (...)
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  • Recalibrating Defensive Killing: Liability, Mere Permissibility, and the Problem of Multiple Threats.Alejandro Chehtman - 2017 - Utilitas 29 (3):321-343.
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  • Explaining compensatory duties.Matthew S. Bedke - 2010 - Legal Theory 16 (2):91-110.
    In some cases, harming another gives rise to a duty to compensate for harm done. This paper argues that the influential explanations of such duties of compensation—that they are somehow derived from rights intrusions, or breaches of duties not to harm—fail. I offer and defend an alternative explanation for why certain harms and not others give rise to compensatory duties, an explanation that seeks to derive them from wide-scope duties not to harm or to compensate for harm done.
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