Results for 'subsistence right'

972 found
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  1.  23
    When Subsistence Rights Are Just Claims and This is Unjust.Alejandra Mancilla - 2019 - Social Philosophy and Policy 36 (2):134-153.
    Abstract:Most of the liberal moral and political debate concerning global poverty has focused on the duties of justice or assistance that the well-off have toward the needy. In this essay, I show how rights-based theories in particular have unanimously understood subsistence rights just (and only) as claims, where all it means to have a claim—following Hohfeld—is that others have a duty toward us. This narrow interpretation of subsistence rights has led to a glaring omission; namely, there has been (...)
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  2. Subsistence Rights.Lisa Rivera - unknown
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  3. The force of subsistence rights.Charles R. Beitz - 2015 - In Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.), Philosophical Foundations of Human Rights. Oxford, United Kingdom: Oxford University Press UK.
     
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  4.  26
    Basic Rights: Subsistence, Affluence, and U.S. Foreign Policy: 40th Anniversary Edition.Henry Shue - 2020 - Princeton University Press.
    An expanded and updated edition of a classic work on human rights and global justice Since its original publication, Basic Rights has proven increasingly influential to those working in political philosophy, human rights, global justice, and the ethics of international relations and foreign policy, particularly in debates regarding foreign policy’s role in alleviating global poverty. Henry Shue asks: Which human rights ought to be the first honored and the last sacrificed? Shue argues that subsistence rights, along with security rights (...)
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  5. Basic Rights: Subsistence, Affluence, and U.S. Foreign Policy.Henry Shue & Theodore M. Benditt - 1980 - Law and Philosophy 4 (1):125-140.
     
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  6.  90
    The Human Right to Subsistence.Charles Jones - 2013 - Journal of Applied Philosophy 30 (1):57-72.
    Is there a human right to subsistence? A satisfactory answer to this question will explain what makes human rights distinctive, what is meant by subsistence, and why subsistence is an appropriate content of a human right. This article situates the human right to subsistence within the context of recent philosophical discussions of human rights. The argument for human subsistence rights provides an instructive example of how to understand what human rights are, why (...)
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  7. Basic Rights: Subsistence, Affluence, and U.S. Foreign Policy.Henry Shue - 1980 - Princeton University Press.
    I. Three Basic rights. This book is about the moral minimum--about the lower limits on tolerable human conduct, individual and institutional.
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  8.  28
    On subsistence and human rights.Jesse Tomalty - 2012 - Dissertation, St. Andrews
    The central question I address is whether the inclusion of a right to subsistence among human rights can be justified. The human right to subsistence is conventionally interpreted as a fundamental right to a basic living standard characterized as having access to the material means for subsistence. It is widely thought to entail duties of protection against deprivation and duties of assistance in acquiring access to the material means for subsistence. The inclusion of (...)
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  9. The Link between Subsistence and Human Rights.Jesse Tomalty - 2020 - In Thom Brooks (ed.), The Oxford Handbook of Global Justice. Oxford, United Kingdom: Oxford University Press. pp. 183-198.
    This paper constitutes an exploration and evaluation of the so-called ‘linkage argument' in support of the inclusion of a right to subsistence among human rights. While it is uncontroversial that avoiding poverty is hugely important for all humans, the human right to subsistence and other socio-economic human rights are often regarded as social goals rather than genuine rights. The linkage argument aims to show that a commitment to the existence of any human rights at all entails (...)
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  10. Subsistence Needs, Human Rights, and Imperfect Duties.Simon Hope - 2013 - Journal of Applied Philosophy 30 (1):88-100.
    I address the usefulness of thinking about a human right to subsistence within conceptions of human rights grounded in ordinary moral reasoning. I argue that that natural rights should be understood as rights in rem, with their dynamism constrained by the requirements of justification and their scope constrained by the distinction between perfect and imperfect duty. I then suggest that many of the most pressing demands which the moral significance of subsistence needs create are plausibly imperfect duties, (...)
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  11.  80
    Is there a Human Right to Subsistence Goods?Cristián Rettig - 2021 - Journal of Philosophical Research 46:243-260.
    The much-discussed “claimability objection” holds that it is unjustified to believe that all individuals have a human right to subsistence because the bearers of the correlative duties are not sufficiently determined. This argument is based on the so-called “claimability-condition”: S has a right to P if and only if the duty-bearer is sufficiently determined. Practice-based theorists defend the human right to subsistence by arguing that if we take the existing human rights practice seriously, there is (...)
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  12. Xenotransplantation, Subsistence Hunting and the Pursuit of Health: Lessons for Animal Rights-Based Vegan Advocacy.Nathan Nobis - 2018 - Between the Species 21 (1).
    I argue that, contrary to what Tom Regan suggests, his rights view implies that subsistence hunting is wrong, that is, killing animals for food is wrong even when they are the only available food source, since doing so violates animal rights. We can see that subsistence hunting is wrong on the rights view by seeing why animal experimentation, specifically xenotransplanation, is wrong on the rights view: if it’s wrong to kill an animal to take organs to save a (...)
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  13.  41
    The human right to subsistence.Alejandra Mancilla - 2019 - Philosophy Compass 14 (9):e12618.
    That there is a human right to subsistence is a basic assumption for most moral and political theorists interested in the problem of global poverty, but it is not one exempt from controversy. In this article, I examine four justifications for this right and suggest that it takes the form of a claim, that is, a right which creates correlative duties on others who are then taken to be the main agents in its fulfillment. I point (...)
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  14. Of sweatshops and subsistence: Habermas on human rights.David Ingram - 2009 - Ethics and Global Politics 2 (3).
    In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights (...)
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  15. The force of the claimability objection to the human right to subsistence.Jesse Tomalty - 2014 - Canadian Journal of Philosophy 44 (1):1-17.
    The claimability objection rejects the inclusion of a right to subsistence among human rights because the duties thought to correlate with this right are undirected, and thus it is not claimable. This objection is open to two replies: One denies that claimability is an existence condition on rights. The second suggests that the human right to subsistence actually is claimable. I argue that although neither reply succeeds on the conventional interpretation of the human right (...)
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  16.  93
    The Right of Necessity: Moral Cosmopolitanism and Global Poverty.Alejandra Mancilla - 2016 - London: Rowman & Littlefield International.
    What does the basic right to subsistence allow its holders to do for themselves when it goes unfulfilled? This book guides the reader through the morality of infringing property rights for subsistence, in a global context.
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  17.  57
    The right to subsistence in a 'lockean' state of nature.Jeremy Shearmur - 1989 - Southern Journal of Philosophy 27 (4):561-568.
  18.  76
    Subsistence versus Sustainable Emissions? Equity and Climate Change.Jay Odenbaugh - 2010 - Environmental Philosophy 7 (1):1-15.
    In this essay, I first consider what the implications of global climate change will be regarding issues of equity. Secondly, I consider two types of proposals which focus on sustainable emissions and subsistence rights respectively. Thirdly, I consider where these proposal types conflict. Lastly, I argue under plausible assumptions, these two proposals actually imply similar policies regarding global climate change.
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  19.  76
    The Human Right to Subsistence and the Collective Duty to Aid.Violetta Igneski - 2017 - Journal of Value Inquiry 51 (1):33-50.
  20.  60
    Book Review:Basic Rights: Subsistence, Affluence, and U.S. Foreign Policy. Henry Shue. [REVIEW]Arthur Kuflik - 1984 - Ethics 94 (2):319-.
  21.  80
    Giving Up the Goods: Rethinking the Human Right to Subsistence, Institutional Justice, and Imperfect Duties.Saladin Meckled-Garcia - 2013 - Journal of Applied Philosophy 30 (1):73-87.
    Either a person's claim to subsistence goods is held against institutions equipped to distribute social benefits and burdens fairly or it is made regardless of such a social scheme. If the former, then one's claim is not best understood as based on principles setting out a subsistence goods entitlement, but rather on principles of equitable social distribution — a fair share. If, however, the claim is not against a given social scheme, no plausible principle exists defining what counts (...)
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  22. A moral inconsistency argument for a basic human right to subsistence.Elizabeth Ashford - 2015 - In Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.), Philosophical Foundations of Human Rights. Oxford, United Kingdom: Oxford University Press UK.
     
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  23. The medieval foundations of John Lock's theory of natural rights: rights of subsistence and the principle of extreme necessity.Scott Swanson - 1997 - History of Political Thought 18 (3):399-459.
     
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  24. Needs, Rights, and Collective Obligations.Bill Wringe - 2005 - Royal Institute of Philosophy Supplement 57:187-208.
    In this paper, I argue that a well-known objection to subsistence rights developed by Onora O'Neill - namely, that such rights would generate obligations without an obligation-bearer, can be answered if we take such rights to impose an obligation on the world's population, taken collectively.
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  25.  79
    World Hunger and a moral right to subsistence.John Howie - 1987 - Journal of Social Philosophy 18 (3):27-31.
    We live in a world in which one of every five persons does not get enough to eat. Each day more than ten thousand people die of starvation; thousands more, both adults and children, suffer brain damage and other functional abnormalities because of malnutrition. Often there is simply not enough drinking water or not enough food available. Some people must do without. A drought has come and some are allowed to die. Or, less food has been grown because less fertilizer (...)
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  26.  65
    Global Justice: From Responsibility to Rights.Makoto Usami - 2013 - Discussion Paper, No. 2013–02, Department of Social Engineering, Tokyo Institute of Technology:1-12.
    In the past decade, a growing number of authors, notably Thomas Pogge, have maintained that citizens in economically advanced societies are responsible for extreme and extensive poverty in the developing world. Iris Marion Young proposed the social connection model of responsibility, which asserts that these citizens participate in networks that give rise to global structural injustices. While Pogge’s argument for the existence of citizens’ responsibility has been the subject of widespread debate, few efforts have been made to scrutinise the solidity (...)
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  27.  20
    Human rights and ‘standard threats’: standard for whom?Stacy J. Kosko - 2023 - Journal of Global Ethics 19 (1):63-79.
    Human rights instruments exist to respond to serious dangers that human beings routinely face, what Henry Shue terms ‘standard threats.’ According to Shue’s influential account of the structure of a moral right, these threats are ‘the targets of the social guarantees for the enjoyment of … a right.’ They are ‘common, or ordinary, and serious but remediable.’ Yet for individuals who struggle daily against serious, remediable threats that are common to their peer group, but do not routinely threaten (...)
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  28. In what sense is the right to subsistence a basic right?Elizabeth Ashford - 2009 - Journal of Social Philosophy 40 (4):488-503.
  29.  40
    In a Starving World, What's the Moral Minimum?Basic Rights: Subsistence, Affluence, and U.S. Foreign PolicyMorality and Population Policy. [REVIEW]Onora O'neill - 2012 - Hastings Center Report 11 (6):42-44.
    Book reviewed in this article: Basic Rights: Subsistence, Affluence, and U.S. Foreign Policy. By Henry Shue Morality and Population Policy. By Michael D. Bayles.
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  30. Necessity Knows No Borders: The Right of Necessity and Illegalized Migration.Alejandra Mancilla - 2020 - In Virpi Mäkinen, Jonathan Robinson, Pamela Slotte & Heikki Haara (eds.), Rights at the margins: historical, legal and philosophical perspectives. Boston: Brill.
    In this paper, I argue that taking basic human rights seriously—and the basic right to subsistence in particular—requires acknowledging that, given certain conditions, people in need have a right of necessity to take, use and/or occupy the property of others in order to get out of their plight. I explore the implications of this for the phenomenon of illegalized migration for subsistence reasons, and suggest that receiving countries ought not to deny entry to these migrants. On (...)
     
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  31. Henry Shue, Basic Rights: Subsistence, Affluence and U.S. Foreign Policy. [REVIEW]Alan Goldman - 1981 - Philosophy in Review 1:41-45.
     
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  32. Human Rights, An Overview.Abram Trosky - 2014 - Encyclopedia of Critical Psychology:908–915.
    The discursive character of human rights prevents a precise summary of historical origin, rationale, or definition outside of the various codifications in religious texts, secular philosophies, founding national documents, and international treaties, charters, conventions, covenants, declarations, and protocols. Regarding the objects of human rights, we can speak of a “foundational five” 1) Personal security 2) Material subsistence 3) Elemental equality 4) Personal Freedom and 5) Recognition as a member of the human community. Despite, or perhaps because of its multivalence, (...)
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  33. Subsistence Needs and Individual Duties.Eric Boot - 2017 - In Eric R. Boot (ed.), Human Duties and the Limits of Human Rights Discourse. Cham: Springer Verlag.
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  34.  65
    A Defense of the Human Right to Adequate Food.Sandra Raponi - 2017 - Res Publica 23 (1):99-115.
    I argue that recognizing a human right to adequate food and enforcing it as a legal right is an important way to promote and ensure sustainable food security. I consider objections that have been raised against subsistence rights and socio-economic rights, including the argument that such rights are not feasible, that they are not justiciable, and that they are too amorphous—that it is not clear what is required to fulfill these rights and by whom. I defend the (...)
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  35.  58
    What the Old Right of Necessity Can Do for the Contemporary Global Poor.Alejandra Mancilla - 2017 - Journal of Applied Philosophy:607-620.
    Given the grim global statistics of extreme poverty and socioeconomic inequalities, moral and political philosophers have focused on the duties of justice and assistance that arise therefrom. What the needy are morally permitted to do for themselves in this context has been, however, a mostly overlooked question. Reviving a medieval and early modern account of the right of necessity, I propose that a chronically deprived agent has a right to take, use and/or occupy whatever material resources are required (...)
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  36.  76
    Specifying Rights: the Case of TRIPS.G. Collste - 2011 - Public Health Ethics 4 (1):63-69.
    The TRIPS agreement has been widely discussed. Critics have accused it to favour property rights at the cost of public health in AIDS-stricken development countries. In this article, the conflict between on the one hand Intellectual Property Rights and on the other a right to subsistence is analysed with the help of a method for specification. The rationalization of TRIPS and its amendments raises two questions for ethics, one normative and one meta-ethical. First, which right has priority: (...)
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  37. Human rights, transnational solidarity, and duties to the global poor.Jeffrey Flynn - 2009 - Constellations 16 (1):59-77.
    The success of any cosmopolitan political project depends on the development of forms of transnational solidarity that go beyond particularist commitments of kin, community, or nation. In this paper, I analyze how transnational solidarity can be generated around basic human rights. Rather than presupposing strong conceptions of a common humanity or a pre-existing sentiment of universal benevolence, I propose that the global discourse on human rights itself – an ongoing, dynamic, and dialogical process carried out within global public spheres – (...)
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  38.  52
    Immigration and Environment: Settling the Moral Boundaries.Robert L. Chapman - 2000 - Environmental Values 9 (2):189-209.
    Large populations fuelled by immigration have damaging effects on natural environments. Utilitarian approaches to immigration are inadequate, since they fail to draw the appropriate boundaries between people, as are standard rights approaches buttressed by sovereignty concerns because they fail to include critical environmental concerns within their pantheon of rights. A right to a healthy environment is a basic/subsistence right to be enjoyed by everyone, resident and immigrant alike. Current political-economic arrangements reinforced by familiar ethical positions that support (...)
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  39.  36
    Human Rights Are the Basis of Constitutionalism.Zhang Junmai - 1999 - Contemporary Chinese Thought 31 (1):100-103.
    During the 1940s, Zhang Junmai was a leader of the China Democratic Socialist Party and an important figure of the socalled third force in the struggle between the Chinese Communist Party and the GMD. Zhang kept himself informed about discussions on human rights in the West and the work in progress in the United Nations on the Universal Declaration of Human Rights. During the 1940s, Zhang discussed human rights in the magazines Zaisheng and Minxian. He introduced and translated discussions on (...)
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  40. Human Rights Versus Emissions Rights: Climate Justice and the Equitable Distribution of Ecological Space.Tim Hayward - 2007 - Ethics and International Affairs 21 (4):431-450.
    Arguing that issues of both emissions and subsistence should be comprehended within a single framework of justice, the proposal here is that this broader framework be developed by reference to the idea of "ecological space.".
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  41.  36
    Basic Rights. [REVIEW]Michael D. Bayles - 1983 - Review of Metaphysics 36 (4):947-948.
    Shue's aim is to show that a set of economic rights are as basic as civil and political rights to security and to some forms of liberty. Rights are taken to provide the rational basis for a justified demand that the actual enjoyment of a substance be guaranteed against standard threats. Security rights are to physical security, and subsistence rights are to minimal economic security--adequate food, clothing, shelter, etc. Shue's strategy is to show that the same structure of argument (...)
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  42.  10
    Territorial Rights and Rights to Control Borders and Immigration.Margaret Moore - 2015 - In A Political Theory of Territory. New York: Oxford University Press.
    This chapter considers the extent to which the self-determination argument, which justifies a people in exercising jurisdictional authority over territory, can be extended to justify those people in exercising control over the flow of persons and goods across borders. It considers whether preventing people from entering a state is a violation of their rights to free movement and rights to subsistence. Whatever the legitimacy of the right to control borders, it has to be understood as at best a (...)
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  43. A Modified Rawlsian Theory of Social Justice: “Justice as fair Rights”.Rodney G. Peffer - 2008 - Proceedings of the Xxii World Congress of Philosophy 50:593-608.
    In my 1990 work – Marxism, Morality, and Social Justice – I argued for four modifications of Rawls’s principles of social justice and rendered a modified version of his theory in four principles, the first of which is the Basic Rights Principle demanding the protection of people’s security and subsistence rights. In both his Political Liberalism and Justice as Fairness Rawls explicitly refers to my version of his theory, clearly accepting three of my four proposed modifications but rejecting the (...)
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  44. Cultural diversity, human subsistence, and the national park ideal.David Harmon - 1987 - Environmental Ethics 9 (2):147-158.
    Out of all the possible categories of protected areas, the most widely used around the world has been the national park. The reasons behind this predominance have colored the entire international conservation movement. I look at the ethical implications of the national park ideal ’s phenomenal global success. Working from two assumptions-that human cultural diversity is good and desirable, and that there is a definite relation between such diversity and protected area conservation-I suggest that what is needed most right (...)
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  45.  68
    Poverty and rights.James W. Nickel - 2005 - Philosophical Quarterly 55 (220):385–402.
    I defend economic and social rights as human rights, and as a feasible approach to addressing world poverty. I propose a modest conception of economic and social rights that includes rights to subsistence, basic health care and basic education. The second part of the paper defends these three rights. I begin by sketching a pluralistic justificatory framework that starts with abstract norms pertaining to life, leading a life, avoiding severely cruel treatment, and avoiding severe unfairness. I argue that economic (...)
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  46.  61
    Economic Liberties and Human Rights.Jahel Queralt & Bas van der Vossen (eds.) - 2019 - New York, USA: Routledge Press.
    The status of economic liberties remains a serious lacuna in the theory and practice of human rights. Should a minimally just society protect the freedoms to sell, save, profit and invest? Is being prohibited to run a business a human rights violation? While these liberties enjoy virtually no support from the existing philosophical theories of human rights and little protection by the international human rights law, they are of tremendous importance in the lives of individuals, and particularly the poor. Like (...)
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  47.  9
    Kant’s System of Rights by Leslie A. Mulholland.Allen W. Wood - 1992 - The Thomist 56 (3):535-540.
    In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 535 second English volume), Ratzinger's Behold the Prerced One (pp. 1345 ), and W. Kasper's Theology and Church (pp. 94-108; Kasper says simply, "Rahner's characterization of neo-Chalcedonianism is historicaly inaccurate," p. 214, note 18). As it is, Ols's treatment reminds us that Rahner's own writings, which overlooked the later Councils of Constantinople, presume that Chalcedon had been the end of a development in Christology; this inaccurate presumption (...)
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  48.  59
    Reconciling positivism and realism: Kelsen and Habermas on democracy and human rights.David Ingram - 2014 - Philosophy and Social Criticism 40 (3):237-267.
    It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that (...)
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  49.  82
    The Human Rights Approach to Climate Change: An Overview.Kristian Høyer Toft - 2013 - Environmental Ethics 35 (2):209-225.
    It is often argued that concerns about the equity of a global climate agreement might appropriately be addressed in the language of human rights. The human rights approach has been promoted by a number of international political actors, including the UN Human Rights Council. As such, human rights are instrumentally applied as a solution to what could be called the “justice problem” in climate negotiations. In order to assess the degree to which human rights could be a useful approach to (...)
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  50.  38
    How Old Are Modern Rights?: On the Lockean Roots of Contemporary Human Rights Discourse.S. Adam Seagrave - 2011 - Journal of the History of Ideas 72 (2):305-327.
    In lieu of an abstract, here is a brief excerpt of the content:How Old Are Modern Rights? On the Lockean Roots of Contemporary Human Rights DiscourseS. Adam SeagraveArguing for the proper placement of John Locke’s natural rights theory within intellectual history is a particularly high-stakes enterprise for historians of political thought and political theorists alike. This is due in large part to the fact that, as Brian Tierney notes in his recent study, it is “widely agreed that Locke’s work was (...)
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