Results for 'moral rights'

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  1. Moral Right to Healthcare and COVID-19 Challenges.Napoleon Mabaquiao & Mark Anthony Dacela - 2022 - Asia-Pacific Social Science Review 22 (1):78-91.
    One fundamental healthcare issue brought to the fore by the current COVID-19 pandemic concerns the scope and nature of the right to healthcare. Given our increasing need for the usually limited healthcare resources, to what extent can we demand provision of these resources as a matter of right? One philosophical way of handling this issue is to clarify the nature of this right. Using the challenges of COVID-19 in the Philippines as the context of analysis, we argue for the view (...)
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  2. Handguns, Moral Rights, and Physical Security.David DeGrazia - 2016 - Journal of Moral Philosophy 13 (1):56-76.
    _ Source: _Page Count 21 Guns occupy a major—sometimes terrible—place in contemporary American life. Do Americans have not only a legal right, but also a moral right, to own handguns? After introducing the topic, this paper examines what a moral right to private handgun ownership would amount to. It then elucidates the logical structure of the strongest argument in favor of such a right, an argument that appeals to physical security, before assessing its cogency and identifying two questionable (...)
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  3.  36
    Handguns, Moral Rights, and Physical Security.David DeGrazia - 2014 - Journal of Moral Philosophy 11.
    _ Source: _Page Count 21 Guns occupy a major—sometimes terrible—place in contemporary American life. Do Americans have not only a legal right, but also a moral right, to own handguns? After introducing the topic, this paper examines what a moral right to private handgun ownership would amount to. It then elucidates the logical structure of the strongest argument in favor of such a right, an argument that appeals to physical security, before assessing its cogency and identifying two questionable (...)
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  4. The Moral Right to Keep and Bear Firearms.C'Zar Bernstein, Timothy Hsiao & Matthew Palumbo - 2015 - Public Affairs Quarterly 29 (4).
    The moral right to keep and bear arms is entailed by the moral right of self-defense. We argue that the ownership and use of firearms is a reasonable means of exercising these rights. Given their defensive value, there is a strong presumption in favor of enacting civil rights to keep and bear arms ranging from handguns to ‘assault rifles.’ Thus, states are morally obliged as a matter of justice to recognize basic liberties for firearm ownership and (...)
     
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  5.  5
    Moral Rightness Comes in Degrees.Martin Peterson - forthcoming - Journal of the American Philosophical Association:1-20.
    This article questions the traditional view that moral rightness and wrongness are discrete predicates with sharp boundaries. I contend that moral rightness and wrongness come in degrees: Some acts are somewhat right and somewhat wrong. My argument is based on the assumption that meaning tracks use. If an overwhelming majority of competent language users frequently say that some acts are a bit right and a bit wrong, this indicates that rightness and wrongness are gradable concepts. To support the (...)
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  6. Moral Rights and the Limits of the Ought‐Implies‐Can Principle: Why Impeccable Precautions Are No Excuse.Matthew H. Kramer - 2005 - Inquiry: An Interdisciplinary Journal of Philosophy 48 (4):307 – 355.
    This essay argues against the commonly held view that "ought" implies "can" in the domain of morality. More specifically, I contest the notion that nobody should ever be held morally responsible for failing to avoid the infliction of any harm that he or she has not been able to avoid through all reasonably feasible precautions in the carrying out of some worthwhile activity. The article explicates the concept of a moral right in order to show why violations of (...) rights can occur even when no one has acted wrongfully in any fashion. In so doing, it will effectively be maintaining that strict liability (i.e., liability irrespective of the presence or absence of culpability) exists in morality as well as in law. When we take account of the distinction between exoneration and extenuation, we can see that scrupulously thorough precautions are never sufficient to constitute an excuse in morality. Having made that point with some extended examples, the article goes on to consider a number of possible objections - objections that lead into discussions of some basic distinctions within moral philosophy and some central principles within deontic logic. (shrink)
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  7.  23
    Why Moral Rights of Free Speech for Business Corporations Cannot Be Justified.Ava Thomas Wright - 2021 - Southwest Philosophy Review 37 (1):187-198.
    In this paper, I develop two philosophically suggestive arguments that the late Justice Stevens made in Citizens United against the idea that business corporations have free speech rights. First, (1) while business corporations conceived as real entities are capable of a thin agency conceptually sufficient for moral rights, I argue that they fail to clear important justificatory hurdles imposed by interest or choice theories of rights. Business corporations conceived as real entities lack an interest in their (...)
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  8. Moral Rights and Animals.H. J. McCloskey - 1979 - Inquiry: An Interdisciplinary Journal of Philosophy 22 (1-4):23 – 54.
    In Section I, the purely conceptual issue as to whether animals other than human beings, all or some, may possess rights is examined. This is approached via a consideration of the concept of a moral right, and by way of examining the claims of sentience, consciousness, capacities for pleasure and pain, having desires, possessing interests, self-consciousness, rationality in various senses. It is argued that only beings possessed actually or potentially of the capacity to be morally self-determining can be (...)
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  9. Handguns, Moral Rights, and Physical Security.David DeGrazia - 2014 - Journal of Moral Philosophy 11 (1):56-76.
    Guns occupy a major—sometimes terrible—place in contemporary American life. Do Americans have not only a legal right, but also a moral right, to own handguns? After introducing the topic, this paper examines what a moral right to private handgun ownership would amount to. It then elucidates the logical structure of the strongest argument in favor of such a right, an argument that appeals to physical security, before assessing its cogency and identifying two questionable assumptions. In light of persisting (...)
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  10.  85
    The Moral Rights of Animals.Mylan Engel & Gary Lynn Comstock (eds.) - 2016 - Lanham, MD: Lexington.
    This volume brings together essays by seminal figures and rising stars in the fields of animal ethics and moral theory to analyze and evaluate the moral status of non-human animals, with a special focus on the question of whether or not animals have moral rights. Though wide-ranging in many ways, these fourteen original essays and one reprinted essay direct significant attention to both the main arguments for animal rights and the biggest challenges to animal (...). This volume explores the question of whether or not animals have moral rights through a number of different lenses, including classical deontology, libertarianism, commonsense morality, virtue ethics, and utilitarianism. The volume also addresses what are undoubtedly the most serious challenges to the strong animal rights position, which maintains that animals have moral rights equal in strength to the rights of humans, including challenges posed by rights nihilism, the ‘kind’ argument against animal rights, the problem of predation, and the comparative value of lives. In addition, the volume explores the practical import of animal rights both from a social policy standpoint and from the standpoint of personal ethical decisions concerning what to eat and whether or not to hunt animals. Unlike other volumes on animal rights, which focus primarily on the legal rights of animals, and unlike other anthologies on animal ethics, which tend to cover a wide variety of topics but only devote a few articles to each topic, the volume under consideration is focused exclusively on the question of whether or not animals have moral rights and the practical import of such rights. (shrink)
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  11.  3
    Moral Rights and Their Grounds.David Alm - 2018 - New York, USA: Routledge.
    Moral Rights and Their Grounds offers a novel theory of rights based on two distinct views. The first--the value view of rights--argues that for a person to have a right is to be valuable in a certain way, or to have a value property. This special type of value is in turn identified by the reasons that others have for treating the right holder in certain ways, and that correlate with the value in question. David Alm (...)
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  12.  28
    Moral rights without balancing.Ariel Zylberman - 2022 - 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 (...)
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  13.  70
    Moral Rightness and the Significance of Law: Why, How and When Mistake of Law Matters.Re'em Segev - 2014 - University of Toronto Law Journal, Forthcoming 64:36-63.
    The question of whether a mistake of law should negate or mitigate criminal liability is commonly considered to be pertinent to the culpability of the agent, often examined in light of the (epistemic) reasonableness of the mistake. I argue that this view disregards an important aspect of this question, namely whether a mistake of law affects the rightness of the action, particularly in light of the moral significance of the mistake. I argue that several plausible premises, regarding moral (...)
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  14. What Is Conventionalism About Moral Rights and Duties?Katharina Nieswandt - 2019 - Australasian Journal of Philosophy 97 (1):15-28.
    ABSTRACTA powerful objection against moral conventionalism says that it gives the wrong reasons for individual rights and duties. The reason why I must not break my promise to you, for example, should lie in the damage to you—rather than to the practice of promising or to all other participants in that practice. Common targets of this objection include the theories of Hobbes, Gauthier, Hooker, Binmore, and Rawls. I argue that the conventionalism of these theories is superficial; genuinely conventionalist (...)
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  15.  72
    Against Procreative Moral Rights.Jake Earl - 2022 - Bioethics 36 (5):569-575.
    Many contemporary ethical debates turn on claims about the nature and extent of our alleged procreative moral rights: moral rights to procreate or not to procreate as we choose. In this article, I argue that there are no procreative moral rights, in that generally we do not have a distinctive moral right to procreate or not to procreate as we choose. However, interference with our procreative choices usually violates our nonprocreative moral (...), such as our moral rights to bodily autonomy or to privacy. My argument presents hypothetical cases in which a state interferes with a person's procreative choices in order to promote aggregate social welfare, but this interference does not violate any of the person's nonprocreative moral rights. These cases not only undermine frequently made claims that widely recognized nonprocreative moral rights entail procreative moral rights, they also challenge the intuitively plausible claim that interference with our procreative choices as such violates our moral rights. What at first appear to be substantive moral rights are in fact a kind of illusion created by the frequent overlap of other rights, but lacking in substance beyond that overlap. While this argument against the existence of procreative moral rights has substantive implications for ongoing debates in reproductive ethics, I ultimately suggest that it is consistent with a progressive approach to reproductive justice. (shrink)
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  16.  14
    ‘IP’ Moral Rights Breaches Are Deception Offences, Not Property Offences: Correcting a Category Error.James McKeahnie - 2016 - Res Publica 22 (2):193-207.
    In March of 2014 Nature Publishing Group, responsible for the publication of journals such as Nature and ScientificAmerican, was subject to criticism for its requirement that contributing authors waive their moral rights in relation to their published articles. Some of the rights included under the umbrella term ‘moral rights’ are the right to have any copies of one’s work reproduced accurately and without alteration; the right to the accurate attribution of one’s work under one’s own (...)
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  17.  94
    Moral Rights to Life, Both Natural and Non-Natural: Reflections on James Griffin's Account of Human Rights.Hugh V. McLachlan - 2010 - Diametros 26:58-76.
    Rather than to focus upon a particular ‘right to life’, we should consider what rights there are pertaining to our lives and to our living. There are different sorts. There are, for instance, rights that constitute absences of particular duties and rights that correspond to the duties of other agents or agencies. There are also natural and non-natural rights and duties. Different people in different contexts can have different moral duties and different moral (...) including rights to life. The question of the moral rights there are to and pertaining to life is considered with reference to James Griffin’s account of human rights. Also considered is the question of who or what can be a bearer of them. (shrink)
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  18.  91
    Moral Rights and Human Culture.Lisa Bortolotti - 2006 - Ethical Perspectives 13 (4):603-620.
    In this paper I argue that there is no moral justification for the conviction that rights should be reserved to humans. In particular, I reject James Griffin’s view on the moral relevance of the cultural dimension of humanity. Drawing from the original notion of individual right introduced in the Middle Ages and the development of this notion in the eighteenth century, I emphasise that the practice of according rights is justified by the interest in safeguarding the (...)
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  19.  39
    A Moral Right to Physician-Assisted Suicide.Carl Wellman - 2001 - American Philosophical Quarterly 38 (3):271 - 286.
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  20. On a Moral Right to Civil Disobedience.David Lefkowitz - 2007 - Ethics 117 (2):202-233.
  21.  33
    Review Article: The Moral Right to Health: A Survey of Available Conceptions.Benedict E. Rumbold - 2017 - Critical Review of International Social and Political Philosophy 20 (4):508-528.
    In recent years, there has been increasing recognition of both the philosophical questions engendered by the idea of a human right to health and the potential of philosophical analysis to help in the formulation of better policy. In this article, I attempt to locate recent work on the moral right to health in a number of historically established conceptions, with the aim of providing a map of the conceptual landscape as to the claims expressed by such a right.
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  22.  72
    Moral Rights to Life, Both Natural and Non-Natural: Reflections on James Griffin.Hugh V. McLachlan - 2010 - Diametros 26:58-76.
  23.  60
    Morally Right Action Under Silence and Disempowerment.Tista Bagchi - 2006 - The Proceedings of the Twenty-First World Congress of Philosophy 9:161-166.
    This paper seeks to address the relationship between two key areas of contention figuring in the communicative realities in which language is used and the morality of action: the role of silence and the role of power and the lack thereof. It is proposed that action per se becomes problematic under practical manifestations of silence such as inarticulacy and ignorance, and that even when action is possible, deciding on what would constitute morally right action under such circumstances remains a question. (...)
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  24. The Moral Rights of Creators of Artistic and Literary Works.Charles R. Beitz - 2005 - Journal of Political Philosophy 13 (3):330–358.
  25.  51
    Morally Right Action Under Silence and Disempowerment.Tista Bagchi - 2006 - The Proceedings of the Twenty-First World Congress of Philosophy 9:161-166.
    This paper seeks to address the relationship between two key areas of contention figuring in the communicative realities in which language is used and the morality of action: the role of silence and the role of power and the lack thereof. It is proposed that action per se becomes problematic under practical manifestations of silence such as inarticulacy (which is aggravated by major asymmetries in the global politics of language) and ignorance, and that even when action is possible, deciding on (...)
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  26.  27
    The Irrelevance of a Moral Right to Privacy for Biomedical Moral Enhancement.Ingmar Persson & Julian Savulescu - 2019 - Neuroethics 12 (1):35-37.
    In opposition to what we claimed in Unfit for the Future, Jan Christoph Bublitz argues that people have a right to privacy which stands in the way of the use of biomedical moral enhancement. We reply that it is not clear that he has understood what we mean by a right to privacy, that we were speaking of moral and not a legal right to privacy, and that we take a moral right to privacy to be a (...)
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  27. AI As a Moral Right-Holder.Joseph Bowen & John Basl - 2020 - In Markus Dubber, Frank Pasquale & Sunit Das (eds.), The Oxford Handbook of Ethics of AI. New York: Oxford University Press.
    This chapter evaluates whether AI systems are or will be rights-holders, explaining the conditions under which people should recognize AI systems as rights-holders. It develops a skeptical stance toward the idea that current forms of artificial intelligence are holders of moral rights, beginning with an articulation of one of the most prominent and most plausible theories of moral rights: the Interest Theory of rights. On the Interest Theory, AI systems will be rights-holders (...)
     
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  28.  30
    Consent: Moral Rightness Versus Non-Moral Goodness.Jacqueline L. Colby - 2006 - American Journal of Bioethics 6 (3):69-71.
  29. The Cultural Moral Right to a Basic Minimum of Accessible Health Care.Paul T. Menzel - 2011 - Kennedy Institute of Ethics Journal 21 (1):79-119.
    In the United States, amid the fractious politics of attempting to achieve something close to universal access to basic health care, two impressions are likely to feed skepticism about the status of a right to universal access: the moral principles that underlie any right to universal access may seem incredibly "ideal," not well rooted in the society's actual fabric, and the necessary practical and political attempts to limit the scope of universally accessible care to make its achievement realistic may (...)
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  30.  31
    Moral Rights: Conflicts and Valid Claims.Judith Wagner Decew - 1988 - Philosophical Studies 54 (1):63 - 86.
    Most of us have certain intuitions about moral rights, at least partially captured by the ideas that: (A) rights carry special weight in moral argument; (B) persons retain their rights even when they are legitimately infringed; although (C) rights undoubtedly do conflict with one another, and are sometimes overridden as well by nonrights considerations. I show that Dworkin's remarks about rights allow us to affirm (A), (B), and (C), yet those remarks are extremely (...)
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  31. Utilitarianism and Moral Rights.R. B. Brandt - 1984 - Canadian Journal of Philosophy 14 (1):1 - 19.
    Virtually all philosophers now agree that human beings - and possibly the higher animals - have moral rights in some sense, both special rights against individuals to whom they stand in a special relation, and general rights, against everybody or against the government, just in virtue of their human nature. Some philosophers also think, however, that anyone who is a utilitarian ought not to share this view: there is a fundamental incompatibility between utilitarinism and human (...). Most utilitarians, of course, have not thought there is such an incompatibility. John Stuart Mill, for instance, espoused utilitarianism at the same time that he defended rights to free speech and freedom of action except where it injures others. In what follows I wish to explore some reasons recently put forward to show that the utilitarian who wishes to affirm that there are moral rights faces a serious logical problem; and I shall argue that further analysis shows the alleged difficulty is unreal. (shrink)
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  32. The Nature and Value of The.Moral Right To Privacy - 2002 - Public Affairs Quarterly 16 (4):329.
     
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  33.  43
    Review Article: The Moral Right to Health: A Survey of Available Conceptions.Benedict E. Rumbold - 2015 - Critical Review of International Social and Political Philosophy:1-21.
    In recent years, there has been increasing recognition of both the philosophical questions engendered by the idea of a human right to health and the potential of philosophical analysis to help in the formulation of better policy. In this article, I attempt to locate recent work on the moral right to health in a number of historically established conceptions, with the aim of providing a map of the conceptual landscape as to the claims expressed by such a right.
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  34.  59
    On Justifying the Moral Rights of the Moderns: A Case of Old Wine in New Bottles.Gerald F. Gaus - 2007 - Social Philosophy and Policy 24 (1):84-119.
    In this essay I sketch a philosophical argument for classical liberalism based on the requirements of public reason. I argue that we can develop a philosophical liberalism that, unlike so much recent philosophy, takes existing social facts and mores seriously while, at the same time, retaining the critical edge characteristic of the liberal tradition. I argue that once we develop such an account, we are led toward a vindication of “old” (qua classical) liberal morality—what Benjamin Constant called the “liberties of (...)
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  35. Moral Rights and Duties in Wicked Legal Systems: C. L. Ten.C. L. Ten - 1989 - Utilitas 1 (1):135-143.
  36.  74
    Hart on Moral Rights and Legal Duties.J. Raz - 1984 - Oxford Journal of Legal Studies 4 (1):123-131.
  37. The Moral Right of the Majority to Restrict Obscenity and Pornography Throught Law.Raymond D. Gastil - 1976 - Ethics 86 (3):231-240.
  38. Do Potential People Have Moral Rights?Mary Anne Warren - 1977 - Canadian Journal of Philosophy 7 (2):275 - 289.
    By a potential person I shall mean an entity which is not now a person but which is capable of developing into a person, given certain biologically and/or technologically possible conditions. This is admittedly a narrower sense than some would attach to the term ‘potential'. After all, people of the twenty-fifth century, if such there will be, are in some sense potential people now, even though the specific biological entities from which they will develop, i.e. the particular gametes or concepti, (...)
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  39.  28
    Image Ethics: The Moral Rights of Subjects in Photographs, Film, and Television.Larry Gross, John Stuart Katz & Jay Ruby (eds.) - 1991 - Oup Usa.
    This pathbreaking collection of thirteen original essays examines the moral rights of the subjects of documentary film, photography, and television.
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  40.  91
    Do Corporations Have Moral Rights?David T. Ozar - 1985 - Journal of Business Ethics 4 (4):277 - 281.
    My aim in this paper is to explore the notion that corporations have moral rights within the context of a constitutive rules model of corporate moral agency. The first part of the paper will briefly introduce the notion of moral rights, identifying the distinctive feature of moral rights, as contrasted with other moral categories, in Vlastos' terms of overridingness. The second part will briefly summarize the constitutive rules approach to the moral (...)
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  41.  42
    Authors' Moral Rights—And How Editors and Publishers Routinely Abridge Them.Joseph S. Fulda - 2012 - Journal of Information Ethics 21 (2):7-9.
    Discusses a variety of maneuvers that editors and publishers, respectively, use with the untoward result that the author conveys something other than what and only what he intended to convey.
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  42.  6
    Moral Rights and Moral Equality.Lansing Pollock - 1995 - Public Affairs Quarterly 9 (2):139-154.
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  43.  32
    Does Moral Rightness Come in Degrees?Martin Peterson - 2016 - The Philosophers' Magazine 74:34-38.
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  44.  35
    Moral Rights and the Problem of Privacy in Public: A Reply to Lever and Goold.Jesper Ryberg - 2008 - Res Publica 14 (1):49-56.
  45.  10
    Are Moral Rights Necessary for the Justification of International Legal Human Rights?Andrea Sangiovanni - 2016 - Ethics and International Affairs 30 (4):471-481.
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  46. The Moral Rights of the Unborn.L. Jonathan Suzman - 1984 - In Ellison Kahn (ed.), The Sanctity of Human Life. University of the Witwatersrand.
  47.  1
    Moral Rightness.D. W. Haslett - 1974 - Martinus Nijhoff.
  48.  17
    Moral Rights and the Ethics of Nursing.Julius Sim - 1995 - Nursing Ethics 2 (1):31-40.
    This paper explores the nature of rights, and their implications for the ethics of nursing. A right is seen as an entitlement which is justified on moral and/or legal grounds, and which may take the form of a right of action or a right of recipience, or both; in either case, correlative duties are generally imposed on others. Some of the conflicts which can occur among two or more conflicting rights are examined through three hypothetical scenarios, and (...)
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  49.  39
    Copyright. Moral Rights, Fair Use, and the Online Environment.Simon Newman & Wallace Koehler - 2004 - Journal of Information Ethics 13 (2):38-57.
  50.  82
    Privacy and the Moral Right to Personal Autonomy.Edmund Wall - 2011 - International Journal of Applied Philosophy 25 (1):69-85.
    I argue that the moral right to privacy is the moral right to consent to access by others to one’s personal information. Although this thesis is relatively simple and already implicit in considerations about privacy, it has, nevertheless, been overlooked by philosophers. In the paper, I present and defend my account of the moral right to privacy, respond to possible objections to it, and attempt to show its advantages over two recent accounts: one by Steve Matthews and (...)
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