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Why rights are indispensable

Mind 95 (379):329-344 (1986)

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  1. Right-based morality and hohfeld's relations.Hugh Upton - 2000 - The Journal of Ethics 4 (3):237-256.
    The paper begins by defending the Hohfeldianaccount of rights (as equivalence relations) from thecharge that it cannot capture their specialsignificance, and thus cannot be used in a right-basedmoral theory. It goes on to argue that, because of amisunderstanding of this relational account, theconception of right-based morality that has emerged inrecent years has been variously flawed from theoutset. A particular form of explanatory priority waswrongly taken to be essential, and then eitherincoherently combined with equivalence, or taken to bea reason for rejecting (...)
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  • Do We Need Rights in Bioethics Discourse?Julius Sim - 2020 - Journal of Medicine and Philosophy 45 (3):312-331.
    Moral rights feature prominently and are relied on substantially in debates in bioethics. Conceptually, however, duties can perform the logical work of rights, but not vice versa, and reference to rights is therefore inessential. Normatively, rights, like duties, depend on more basic moral values or principles, and attempts to establish the logical priority of rights over duties or the reverse are misguided. In practical decision making, however, an analysis in terms of duties is more fruitful than one based on rights. (...)
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  • Was there a concept of rights in confucian virtue-based morality?Seung-Hwan Lee - 1992 - Journal of Chinese Philosophy 19 (3):241-261.
  • A Cognitive Prototype Model of Moral Judgment and Disagreement.Carol A. Larson - 2017 - Ethics and Behavior 27 (1):1-25.
    Debates about moral judgments have raised questions about the roles of reasoning, culture, and conflict. In response, the cognitive prototype model explains that over time, through training, and as a result of cognitive development, people construct notions of blameworthy and praiseworthy behavior by abstracting out salient properties that lead to an ideal representation of each. These properties are the primary features of moral prototypes and include social context interpretation, intentionality, consent, and outcomes. According to this model, when the properties are (...)
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  • Genetic ties: Are they morally binding?Giuliana Fuscaldo - 2006 - Bioethics 20 (2):64–76.
    ABSTRACT Does genetic relatedness define who is a mother or father and who incurs obligations towards or entitlements over children? While once the answer to this question may have been obvious, advances in reproductive technologies have complicated our understanding of what makes a parent. In a recent publication Bayne and Kolers argue for a pluralistic account of parenthood on the basis that genetic derivation, gestation, extended custody and sometimes intention to parent are sufficient (but not necessary) grounds for parenthood.1 Bayne (...)
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  • Towards Business Ethics as an Academic Discipline.Georges Enderle - 1996 - Business Ethics Quarterly 6 (1):43-65.
    Recalling several profound disagreements about business ethics as it is currently discussed in Western societies, I emphasize the need for business ethics as an academic discipline that constitutes the “backbone” for both teaching business ethics and improving business practice (section 1). Then I outline a conceptual framework of business ethics that promotes a “bottom-up” approach (section 2). This “problem-and action-oriented” conception appears to be fruitful in terms of both practical relevance and theoretical understanding. Finally, I argue for (section 3) the (...)
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  • 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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  • Are individual rights necessary? A Confucian perspective.Craig K. Ihara - 2004 - In Kwong-loi Shun & David B. Wong (eds.), Confucian Ethics: A Comparative Study of Self, Autonomy, and Community. Cambridge: Cambridge University Press. pp. 11--30.