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When rights conflict

Legal Theory 7 (3):257-277 (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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  • On the margins: personhood and moral status in marginal cases of human rights.Helen Ryland - 2020 - Dissertation, University of Birmingham
    Most philosophical accounts of human rights accept that all persons have human rights. Typically, ‘personhood’ is understood as unitary and binary. It is unitary because there is generally supposed to be a single threshold property required for personhood. It is binary because it is all-or-nothing: you are either a person or you are not. A difficulty with binary views is that there will typically be subjects, like children and those with dementia, who do not meet the threshold, and so who (...)
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