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Two men and a Plank

Legal Theory 7 (3):279-306 (2001)

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  1. Moral rights without balancing.Ariel Zylberman - 2021 - Philosophical Studies 179 (2):549-569.
    How should we think about apparent conflicts of moral rights? I defend a non-balancing and holistic specification model: non-balancing because moral rights have absolute deontic stringency regardless of any balance of independent values; holistic because the content of moral rights is limited only by that of other moral rights. Holistic Specification, as I call the model, offers a principled, non-consequentialist explanation of exceptions to moral rights. Moreover, Holistic Specification explains why moral rights matter to practical thought while rendering remedial duties (...)
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  • Welfare rights and conflicts of rights.Katherine Eddy - 2006 - Res Publica 12 (4):337-356.
    The fact that welfare rights – rights to food, shelter and medical care – will conflict with one another is often taken to be good reason to exclude welfare rights from the catalogue of genuine rights. Rather than respond to this objection by pointing out that all rights conflict, welfare rights proponents need to take the conflicts objection seriously. The existence of potentially conflicting and more weighty normative considerations counts against a claim’s status as a genuine right. To think otherwise (...)
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  • Constitutional Conflicts, Moral Dilemmas, and Legal Solutions.Silvina Alvarez - 2011 - Ratio Juris 24 (1):59-74.
    The article focuses on the definition of constitutional conflicts as moral dilemmas. It discusses the conception of tragic conflicts by which “loss” is a distinctive feature that identifies both moral and constitutional dilemmas. It also asserts the peculiarity of constitutional conflicts vis-à-vis moral dilemmas, as well as the possibility of legal solutions to constitutional conflicts.
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  • Material scarcity and scalar justice.Matthew Adams & Ross Mittiga - 2020 - Philosophical Studies 178 (7):2237-2256.
    We defend a scalar theory of the relationship between material scarcity and justice. As scarcity increases beyond a specified threshold, we argue that deontological egalitarian constraints should be gradually relaxed and consequentialist considerations should increasingly determine distributions. We construct this theory by taking a bottom-up approach that is guided by principles of medical triage. Armed with this theory, we consider the range of conditions under which justice applies. We argue that there are compelling reasons for thinking that justice applies under (...)
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