9 found
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Alec D. Walen [8]Alec Douglas Walen [2]
  1.  28
    The Mechanics of Claims and Permissible Killing in War.Alec D. Walen - 2019 - Oup Usa.
    This book develops an alternative account of rights according to which rights forfeiture has a much smaller role to play because rights themselves are more contextually contingent. For example, those who threaten to cause harm without a right to do so have weaker claims not to be killed than innocent bystanders or those who have a right to threaten to cause harm. By framing rights as the output of a balance of competing claims, and by laying out a detailed account (...)
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  2. Constitutional Rights for Nonresident Aliens.Alec D. Walen - 2009 - Philosophy & Public Policy Quarterly 29 (3/4):6.
    I argue that nonresident aliens, in places that are clearly not U.S. territory, should benefit from constitutional rights. This is a matter of mutuality of obligation. The U.S. claims the authority to hold all people accountable for respecting certain laws, such as the law of war as defined in the Military Commissions Act. Accordingly, it must accord them basic legal rights in return. At the same time, I argue, contra Benjamin Wittes, that this would not lead to absurdly opening the (...)
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  3.  43
    Choosing your reasons for an action.Alec D. Walen - unknown
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  4. A reply to Thomson on 'turning the trolley'; a case study illustrating the importance of a hohfeldian analysis of the 'mechanics' of rights.Alec D. Walen & David Wasserman - unknown
    In her latest writing on the trolley problem, 'Turning the Trolley,' Judith Jarvis Thomson defends the following counter-intuitive position: if confronted with a choice of allowing a trolley to hit and kill five innocent people on the track straight ahead, or turning it onto one innocent person on a side-track, a bystander must allow it to hit the five straight ahead. In contrast, Thomson claims, the driver of the trolley has a duty to turn it from the five onto the (...)
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  5. Human dignity and proportionality : deontic pluralism in balancing.Mattias Kumm & Alec D. Walen - 2014 - In Grant Huscroft, Bradley W. Miller & Grégoire Webber (eds.), Proportionality and the Rule of Law: Rights, Justification, Reasoning. New York, NY: Cambridge University Press.
     
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  6.  72
    A moral ground for the means principle.Alec D. Walen - unknown
    A robust, if not absolute, prohibition on treating people simply as a means sits at the core of common sense deontological morality. But the principle prohibiting such treatment, the "means principle" (MP), has been notoriously hard to defend. This paper has two parts. In Part I, I survey why the interpretation of the MP in terms of intentions does not work, and why the interpretation in terms of causes, as defended up to now, is so mysterious as to be question (...)
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  7.  59
    The morality of preventive detention for suspected terrorists; possibilities and limits for a liberal society.Alec D. Walen - unknown
  8. The mechanics of hohfeldian rights, featuring a case study of Judith Jarvis Thomson on the trolley problem.Alec D. Walen & David Wasserman - unknown
  9.  31
    On Blame and Punishment: Self-blame, Other-Blame, and Normative Negligence.Alec Douglas Walen - 2022 - Law and Philosophy 41 (2):283-304.
    Punishment should, at least normally, be reserved for blameworthy actions. But to make sense of that claim, we need an account of blame and of why it might license or even call for punishment. Doug Husak, in whose honor this paper is written, rejects quality of will theories of blame as relevant to criminal punishment – what I call ‘criminal blame’. He offers instead a reason-responsive account of blameworthiness, according to which blame applies to wrongful actions chosen by agents who (...)
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