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The realm of rights

Cambridge, Mass.: Harvard University Press (1990)

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  1. Utilitarianism, Altruism, and Consent.Meacham Christopher - 2022 - Journal of Ethics and Social Philosophy 21 (1).
    A number of criticisms of Utilitarianism – such as “nearest and dearest” objections, “demandingness” objections, and “altruistic” objections – arise because Utilitarianism doesn’t permit partially or wholly disregarding the utility of certain subjects. A number of authors, including Sider, Portmore and Vessel, have responded to these objections by suggesting we adopt “dual-maximizing” theories which provide a way to incorporate disregarding. And in response to “altruistic” objections in particular – objections noting that it seems permissible to make utility-decreasing sacrifices – these (...)
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  • The subjectivity of moral judgements: A defence.Felix E. Oppenheim - 1998 - Critical Review of International Social and Political Philosophy 1 (4):42-61.
    After criticizing some recent writings typical of the different forms of ethical objectivism, that is, intuitionism, naturalism (including the ideal observation theory and supervenience), and rationalism, I gave my reasons for siding with ethical subjectivism. I hope to demonstrate that this alternative meta‐ethical theory does not consider moral judgements meaningless nor arbitrary, and that it is compatible with empiricism in science and with serious moral commitment. Objectivists, on the other hand, tend to take a parochial view of ethics, identifying morality (...)
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  • The Nature and Explanatory Ambitions of Metaethics.Tristram McPherson & David Plunkett - 2017 - In Tristram Colin McPherson & David Plunkett (eds.), The Routledge Handbook of Metaethics. New York: Routledge. pp. 1-28.
    This volume introduces a wide range of important views, questions, and controversies in and about contemporary metaethics. It is natural to ask: What, if anything, connects this extraordinary range of discussions? This introductory chapter aims to answer this question by giving an account of metaethics that shows it to be a unified theoretical activ- ity. According to this account, metaethics is a theoretical activity characterized by an explanatory goal. This goal is to explain how actual ethical thought and talk—and what (...)
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  • Normative Powers, Agency, and Time.Arto Laitinen - 2022 - In Carla Bagnoli (ed.), Time in Action: The Temporal Structure of Rational Agency and Practical Thought. New York: Routledge. pp. 52-72.
    Agents have powers to bring about change. Do agents have normative powers to bring about normative change directly? This chapter distinguishes between direct normative change and descriptive and institutional changes, which may indirectly be normatively significant. This article argues that agents do indeed have the powers to bring about normative change directly. It responds to a challenge claiming that all normativity is institutional and another claiming that exercises of normative powers would violate considerations of supervenience. The article also responds to (...)
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  • Punishment and Forgiveness.Justin Tosi & Brandon Warmke - 2016 - In Jonathan Jacobs & Jonathan Jackson (eds.), The Routledge Handbook of Criminal Justice Ethics. Routledge. pp. 203-216.
    In this paper we explore the relationship between forgiving and punishment. We set out a number of arguments for the claim that if one forgives a wrongdoer, one should not punish her. We then argue that none of these arguments is persuasive. We conclude by reflecting on the possibility of institutional forgiveness in the criminal justice setting and on the differences between forgiveness and acts of mercy.
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  • Disunity of Virtue.Gopal Sreenivasan - 2009 - The Journal of Ethics 13 (2):195-212.
    This paper argues against the unity of the virtues, while trying to salvage some of its attractive aspects. I focus on the strongest argument for the unity thesis, which begins from the premise that true virtue cannot lead its possessor morally astray. I suggest that this premise presupposes the possibility of completely insulating an agent’s set of virtues from any liability to moral error. I then distinguish three conditions that separately foreclose this possibility, concentrating on the proposition that there is (...)
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  • Rights, compensation, and culpability.Michael J. Zimmerman - 1994 - Law and Philosophy 13 (4):419 - 450.
  • Risk, Rights, and Restitution.M. J. Zimmerman - 2006 - Philosophical Studies 128 (2):285-311.
    In “Imposing Risks,” Judith Thomson gives a case in which, by turning on her stove, she accidentally causes her neighbor’s death. She claims that both the following are true: (1) she ought not to have caused her neighbor’s death; (2) it was permissible for her to turn her stove on. In this paper it is argued that it cannot be that both (1) and (2) are true, that (2) is true, and that therefore (1) is false. How this is so (...)
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  • Judith Jarvis Thomson, goodness and advice (princeton, NJ: Princeton university press, 2000), XVI + 188 pp. [REVIEW]Michael J. Zimmerman - 2004 - Noûs 38 (3):534–552.
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  • GM crops: Patently wrong? [REVIEW]James Wilson - 2007 - Journal of Agricultural and Environmental Ethics 20 (3):261-283.
    This paper focuses on the ethical justifiability of patents on Genetically Modified (GM) crops. I argue that there are three distinguishing features of GM crops that make it unethical to grant patents on GM crops, even if we assume that the patent system is in general justified. The first half of the paper critiques David Resnik’s recent arguments in favor of patents on GM crops. Resnik argues that we should take a consequentialist approach to the issue, and that the best (...)
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  • Order effects in moral judgment.Alex Wiegmann, Yasmina Okan & Jonas Nagel - 2012 - Philosophical Psychology 25 (6):813-836.
    Explaining moral intuitions is one of the hot topics of recent cognitive science. In the present article we focus on a factor that attracted surprisingly little attention so far, namely the temporal order in which moral scenarios are presented. We argue that previous research points to a systematic pattern of order effects that has been overlooked until now: only judgments of actions that are normally regarded as morally acceptable are susceptible to be affected by the order of presentation, and this (...)
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  • Two Grades of Non-consequentialism.Ralph Wedgwood - 2016 - Criminal Law and Philosophy 10 (4):795-814.
    In this paper, I explore how to accommodate non-consequentialist constraints with a broadly value-based conception of reasons for action. It turns out that there are two grades of non-consequentialist constraints. The first grade involves attaching ethical importance to such distinctions as the doing/allowing distinction, and the distinction between intended and unintended consequences that is central to the Doctrine of Double Effect. However, at least within the value-based framework, this first grade is insufficient to explain rights, which ground weighty reasons against (...)
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  • “Ought” Implies “Can” but Does Not Imply “Must”: An Asymmetry between Becoming Infeasible and Becoming Overridden.Peter B. M. Vranas - 2018 - Philosophical Review 127 (4):487-514.
    The claim that (OIC) “ought” implies “can” (i.e., you have an obligation only at times at which you can obey it) entails that (1) obligations that become infeasible are lost (i.e., you stop having an obligation when you become unable to obey it). Moreover, the claim that (2) obligations that become overridden are not always lost (i.e., sometimes you keep having an obligation when you acquire a stronger incompatible obligation) entails that (ONIM) “ought” does not imply “must” (i.e., some obligations (...)
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  • Moral Encroachment, Symmetry, and Believing Against the Evidence.Caroline von Klemperer - 2023 - Philosophical Studies (7).
    It is widely held that our beliefs can be epistemically faultless despite being morally flawed. Theories of moral encroachment challenge this, holding that moral considerations bear on the epistemic status of our attitudes. According to attitude-based theories of moral encroachment, morality encroaches upon the epistemic standing of our attitudes on the grounds that we can morally injure others with our epistemic practices. In this paper, I aim to show that current attitude-based theories have asymmetric mechanisms: moral features only make it (...)
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  • Commodification and privacy: A Lockean perspective.Richard Volkman - 2010 - HEC Forum 22 (3):179-195.
    This paper defends the thesis that privacy as a right is derived from fundamental rights to life, liberty, and property and does not permit restricting the commodification of bodily material; however, privacy as life, liberty, property does require conventions that ensure a robust and just market in bodily material. The analysis proceeds by defending a general commitment to liberty and markets, but not in the manner one might expect from a ‘doctrinaire’ libertarian. Ethical concerns about commodification are legitimate in the (...)
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  • Interdependence, Human Rights and Global Health Law.A. M. Viens - 2015 - Health Care Analysis 23 (4):401-417.
    The connection between health and human rights continues to play a prominent role within global health law. In particular, a number of theorists rely on the claim that there is a relation of interdependence between health and human rights. The nature and extent of this relation, however, is rarely defined, developed or defended in a conceptually robust way. This paper seeks to explore the source, scope and strength of this putative relation and what role it might play in developing a (...)
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  • Bipolar Obligations, Recognition Respect, and Second-Personal Morality.Jonas Vandieken - 2019 - The Journal of Ethics 23 (3):291-315.
    Any complete theory of “what we owe to each other” must be able to adequately accommodate directed or bipolar obligations, that is, those obligations that are owed to a particular individual and in virtue of which another individual stands to be wronged. Bipolar obligations receive their moral importance from their intimate connection to a particular form of recognition respect that we owe to each other: respect of another as a source of valid claims to whom in particular we owe certain (...)
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  • Review: Self-Ownership and Equality: Brute Luck, Gifts, Universal Dominance, and Leximin. [REVIEW]Peter Vallentyne - 1997 - Ethics 107 (2):321 - 343.
  • A convention or (tacit) agreement betwixt us: on reliance and its normative consequences.Luca Tummolini, Giulia Andrighetto, Cristiano Castelfranchi & Rosaria Conte - 2013 - Synthese 190 (4):585-618.
    The aim of this paper is to clarify what kind of normativity characterizes a convention. First, we argue that conventions have normative consequences because they always involve a form of trust and reliance. We contend that it is by reference to a moral principle impinging on these aspects (i.e. the principle of Reliability) that interpersonal obligations and rights originate from conventional regularities. Second, we argue that the system of mutual expectations presupposed by conventions is a source of agreements. Agreements stemming (...)
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  • The Possibility of a Fair Play Account of Legitimacy.Justin Tosi - 2015 - Ratio 30 (1):88-99.
    The philosophical literature on state legitimacy has recently seen a significant conceptual revision. Several philosophers have argued that the state's right to rule is better characterized not as a claim right to obedience, but as a power right. There have been few attempts to show that traditional justifications for the claim right might also be used to justify a power right, and there have been no such attempts involving the principle of fair play, which is widely regarded as the most (...)
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  • A Fair Play Account of Legitimate Political Authority.Justin Tosi - 2017 - Legal Theory 23 (1):55-67.
    There is an emerging consensus among political philosophers that state legitimacy involves something more than—or perhaps other than—political obligation. Yet the principle of fair play, which many take to be a promising basis for political obligation, has been largely absent from discussions of the revised conception of legitimacy. This paper shows how the principle of fair play can generate legitimate political authority by drawing on a neglected feature of the principle—its stipulation that members of a cooperative scheme must reciprocate specifically (...)
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  • Libertarianism, Climate Change, and Individual Responsibility.Olle Torpman - 2021 - Res Publica 28 (1):125-148.
    Much has been written about climate change from an ethical view in general, but less has been written about it from a libertarian point of view in particular. In this paper, I apply the libertarian moral theory to the problem of climate change. I focus on libertarianism’s implications for our individual emissions. I argue that even if our individual emissions cause no harm to others, these emissions cross other people’s boundaries, although the boundary-crossings that are due to our ‘subsistence emissions’ (...)
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  • The consequences of taking consequentialism seriously.Philip E. Tetlock - 1994 - Behavioral and Brain Sciences 17 (1):31-32.
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  • Actions, inactions and the temporal dimension.Karl Halvor Teigen - 1994 - Behavioral and Brain Sciences 17 (1):30-31.
  • A New Conventionalist Theory of Promising.Erin Taylor - 2013 - Australasian Journal of Philosophy 91 (4):667-682.
    Conventionalists about promising believe that it is wrong to break a promise because the promisor takes advantage of a useful social convention only to fail to do his part in maintaining it. Anti-conventionalists claim that the wrong of breaking a promise has nothing essentially to do with a social convention. Anti-conventionalists are right that the social convention is not necessary to explain the wrong of breaking most promises. But conventionalists are right that the convention plays an essential role in any (...)
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  • Mere moral failure.Julie Tannenbaum - 2015 - Canadian Journal of Philosophy 45 (1):58-84.
    When, in spite of our good intentions, we fail to meet our obligations to others, it is important that we have the correct theoretical description of what has happened so that mutual understanding and the right sort of social repair can occur. Consider an agent who promises to help pick a friend up from the airport. She takes the freeway, forgetting that it is under construction. After a long wait, the friend takes an expensive taxi ride home. Most theorists and (...)
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  • Emotional expressions of moral value.Julie Tannenbaum - 2007 - Philosophical Studies 132 (1):43 - 57.
    In “Moral Luck” Bernard Williams describes a lorry driver who, through no fault of his own, runs over a child, and feels “agent-regret.” I believe that the driver’s feeling is moral since the thought associated with this feeling is a negative moral evaluation of his action. I demonstrate that his action is not morally inadequate with respect his moral obligations. However, I show that his negative evaluation is nevertheless justified since he acted in way that does not live up to (...)
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  • Consequentialism and Human Rights.William J. Talbott - 2013 - Philosophy Compass 8 (11):1030-1040.
    The article begins with a review of the structural differences between act consequentialist theories and human rights theories, as illustrated by Amartya Sen's paradox of the Paretian liberal and Robert Nozick's utilitarianism of rights. It discusses attempts to resolve those structural differences by moving to a second-order or indirect consequentialism, illustrated by J.S. Mill and Derek Parfit. It presents consequentialist (though not utilitarian) interpretations of the contractualist theories of Jürgen Habermas and the early John Rawls (Theory of Justice) and of (...)
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  • Deformed desires and informed desire tests.Anita Superson - 2000 - Hypatia 20 (4):109-126.
    : The formal theory of rational choice as grounded in desire-satisfaction cannot account for the problem of such deformed desires as women's slavish desires. Traditional "informed desire" tests impose conditions of rationality, such as full information and absence of psychoses, but do not exclude deformed desires. I offer a Kantian-inspired addendum to these tests, according to which the very features of deformed desires render them irrational to adopt for an agent who appreciates her equal worth.
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  • Deformed Desires and Informed Desire Tests.Anita Superson - 2000 - Hypatia 20 (4):109-126.
    The formal theory of rational choice as grounded in desire-satisfaction cannot account for the problem of such deformed desires as women's slavish desires. Traditional “informed desire” tests impose conditions of rationality, such as full information and absence of psychoses, but do not exclude deformed desires. I offer a Kantian-inspired addendum to these tests, according to which the very features of deformed desires render them irrational to adopt for an agent who appreciates her equal worth.
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  • The political import of intrinsic objections to genetically engineered food.Robert Streiffer & Thomas Hedemann - 2005 - Journal of Agricultural and Environmental Ethics 18 (2):191-210.
    Many people object to genetically engineerehd (GE) food because they believe that it is unnatural or that its creation amounts to playing God. These objections are often referred to as intrinsic objections, and they have been widely criticized in the agricultural bioethics literature as being unsound, incompatible with modern science, religious, inchoate, and based on emotion instead of reason. Many of their critics also argue that even if these objections did have some merit as ethicalobjections, their quasi-religious nature means that (...)
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  • What goals are to count?Mark D. Spranca - 1994 - Behavioral and Brain Sciences 17 (1):29-30.
  • Promises beyond assurance.Nicholas Southwood & Daniel Friedrich - 2009 - Philosophical Studies 144 (2):261 - 280.
    Breaking a promise is generally taken to involve committing a certain kind of moral wrong, but what (if anything) explains this wrong? According to one influential theory that has been championed most recently by T.M. Scanlon, the wrong involved in breaking a promise is a matter of violating an obligation that one incurs to a promisee in virtue of giving her assurance that one will perform or refrain from performing certain acts. In this paper, we argue that the “Assurance View”, (...)
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  • Moral contractualism.Nicholas Southwood - 2009 - Philosophy Compass 4 (6):926-937.
    This article provides a critical introduction to contractualism as a moral or ethical theory, that is, as a theory of the rightness and wrongness of individual conduct – focusing specifically on the influential 'Kantian' version of contractualism due to T. M. Scanlon. I begin by elucidating the key features of Scanlon's contractualism: justifiability to others; reasonable rejectability; the individualist restriction; and mutual recognition. I then turn to discuss both its appeal and the main objections that have been raised to it (...)
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  • Killing, wrongness, and equality.Carlos Soto - 2013 - Philosophical Studies 164 (2):543-559.
    This paper examines accounts of the moral wrongness of killing persons in addition to determining what conclusions, if any, can be drawn from the morality of killing persons about the equality of persons, and vice versa. I will argue that a plausible way of thinking about the moral wrongness of killing implies that the permissibility of killing innocent, nonthreatening persons depends on a person’s age. I address objections to this conclusion and discuss some potential implications of the view.
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  • Just war and robots’ killings.Thomas W. Simpson & Vincent C. Müller - 2016 - Philosophical Quarterly 66 (263):302-22.
    May lethal autonomous weapons systems—‘killer robots ’—be used in war? The majority of writers argue against their use, and those who have argued in favour have done so on a consequentialist basis. We defend the moral permissibility of killer robots, but on the basis of the non-aggregative structure of right assumed by Just War theory. This is necessary because the most important argument against killer robots, the responsibility trilemma proposed by Rob Sparrow, makes the same assumptions. We show that the (...)
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  • Sidgwick's Axioms and Consequentialism.Robert Shaver - 2014 - Philosophical Review 123 (2):173-204.
    Sidgwick gives various tests for highest certainty. When he applies these tests to commonsense morality, he finds nothing of highest certainty. In contrast, when he applies these tests to his own axioms, he finds these axioms to have highest certainty. The axioms culminate in Benevolence: “Each one is morally bound to regard the good of any other individual as much as his own, except in so far as he judges it to be less, when impartially viewed, or less certainly knowable (...)
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  • Goals, values and benefits.Frederic Schick - 1994 - Behavioral and Brain Sciences 17 (1):29-29.
  • The moral footprint of animal products.Krzysztof Saja - 2013 - Agriculture and Human Values 30 (2):193–202.
    Most ethical discussions about diet are focused on the justification of specific kinds of products rather than an individual assessment of the moral footprint of eating products of certain animal species. This way of thinking is represented in the typical division of four dietary attitudes. There are vegans, vegetarians, welfarists and ordinary meat -eaters. However, the common “all or nothing” discussions between meat -eaters, vegans and vegetarians bypass very important factors in assessing dietary habits. I argue that if we want (...)
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  • 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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  • A Dispositional Account of Conflicts of Obligation.Luke Robinson - 2012 - Noûs 47 (2):203-228.
    I address a question in moral metaphysics: How are conflicts between moral obligations possible? I begin by explaining why we cannot give a satisfactory answer to this question simply by positing that such conflicts are conflicts between rules, principles, or reasons. I then develop and defend the “Dispositional Account,” which posits that conflicts between moral obligations are conflicts between the manifestations of obligating dispositions (obligating powers, capacities, etc.), just as conflicts between physical forces are conflicts between the manifestations of (certain) (...)
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  • Use and misuse of examples in normative ethics.Eduardo Rivera-López - 2005 - Journal of Value Inquiry 39 (1):115-125.
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  • The Moral Murderer. A (More) Effective Counterexample to Consequentialism.Eduardo Rivera-López - 2012 - Ratio 25 (3):307-325.
    My aim in this paper is to provide an effective counterexample to consequentialism. I assume that traditional counterexamples, such as Transplant (A doctor should kill one person and transplant her organs to five terminal patients, thereby saving their lives) and Judge (A judge should sentence to death an innocent person if he knows that an outraged mob will otherwise kill many innocent persons), are not effective, for two reasons: first, they make unrealistic assumptions and, second, they do not pass the (...)
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  • Can There Be Full Excuses for Morally Wrong Actions?Eduardo Rivera-lópez - 2007 - Philosophy and Phenomenological Research 73 (1):124-142.
    Most people (and philosophers) distinguish between performing a morally wrong action and being blameworthy for having performed that action, and believe that an individual can be fully excused for having performed a wrong action. My purpose is to reject this claim. More precisely, I defend what I call the “Dependence Claim”: A's doing X is wrong only if A is blameworthy for having done X. I consider three cases in which, according to the traditional view, a wrong action could be (...)
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  • Can goals be uniquely defined?Ilana Ritov - 1994 - Behavioral and Brain Sciences 17 (1):28-29.
  • Against Rights.Richard J. Arneson - 2001 - Noûs 35 (s1):172 - 201.
    Claims to rights and negotiation about their shape are pervasive in our public and private culture. Rights consciousness is surely desirable and is part and parcel of the transition toward a more democratic world. In this essay I consider the proper placement of moral rights in moral theory. In a famous essay, "Taking Rights Seriously," Ronald Dworkin argues that if it is accepted that individuals have moral rights against their government, that implies serious constraints on the conduct of government and (...)
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  • Assertion and its constitutive norms.Michael Rescorla - 2009 - Philosophy and Phenomenological Research 79 (1):98-130.
    Alston, Searle, and Williamson advocate the restrictive model of assertion , according to which certain constitutive assertoric norms restrict which propositions one may assert. Sellars and Brandom advocate the dialectical model of assertion , which treats assertion as constituted by its role in the game of giving and asking for reasons. Sellars and Brandom develop a restrictive version of the dialectical model. I explore a non-restrictive version of the dialectical model. On such a view, constitutive assertoric norms constrain how one (...)
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  • Revolution and Intervention.Massimo Renzo - 2019 - Noûs 54 (1):233-253.
    Provided that traditional jus ad bellum principles are fulfilled, military humanitarian intervention to stop large scale violations of human rights (such as genocide, crimes against humanity or war crimes) is widely regarded as morally permissible. In cases of “supreme humanitarian emergency”, not only are the victims morally permitted to rebel, but other states are also permitted to militarily intervene. Things are different if the human rights violations in question fall short of supreme humanitarian emergency. Because of the importance of respecting (...)
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  • Fairness, self-deception and political obligation.Massimo Renzo - 2014 - Philosophical Studies 169 (3):467-488.
    I offer a new account of fair-play obligations for non-excludable benefits received from the state. Firstly, I argue that non-acceptance of these benefits frees recipients of fairness obligations only when a counterfactual condition is met; i.e. when non-acceptance would hold up in the closest possible world in which recipients do not hold motivationally-biased beliefs triggered by a desire to free-ride. Secondly, I argue that because of common mechanisms of self-deception there will be recipients who reject these benefits without meeting the (...)
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  • Broadening the base for bringing cognitive psychology to bear on ethics.Peter Railton - 1994 - Behavioral and Brain Sciences 17 (1):27-28.