Exceptions to Libertarian Natural Rights

In William Talbott (ed.), Human rights and human well-being. New York: Oxford University Press (2010)
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Abstract

This chapter shows how libertarianism can be seen to be a moral theory that explains exceptions to earlier moral norms and principles and the chapter shows how various exceptions to libertarian principles, including necessity and unconscionability exceptions, can be seen to lead beyond libertarianism to contractarian theories of morality and justice. The chapteer raises a general problem for contractarian theories and shows how the problem applies to the theories of Rawls and Habermas. This sets the stage for the book’s own meta-level consequentialist explanation of the exceptions in the next chapter.

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William J. Talbott
University of Washington

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