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Liberating Duties

Law and Philosophy 8 (1):3 - 21 (1989)

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  1. The Ethics of Conceptualization: Tailoring Thought and Language to Need.Matthieu Queloz -2025 - Oxford: Oxford University Press.
    Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...) reasons for concept use, which tell us which concepts to adopt, adhere to, or abandon, thereby shoring up—or undercutting—the reasons for action and belief that guide our deliberations. Traditionally, reasons for concept use have been sought either in timeless rational foundations or in concepts’ inherent virtues, such as precision and consistency. Against this, the book advances two main claims: that we find reasons for concept use in the conceptual needs we discover when we critically distance ourselves from a concept by viewing it from the autoethnographic stance; and that sometimes, concepts that conflict, or exhibit other vices such as vagueness or superficiality, are just what we need. By considering not what concepts are absolutely best, but what concepts we now need, we can reconcile ourselves to the contingency of our concepts, determine the proper place of efforts to tidy up thought, and adjudicate between competing conceptions of things—even things as contested as liberty or free will. A needs-based approach separates helpful clarification from hobbling tidy-mindedness, and authoritative definition from conceptual gerrymandering. (shrink)
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  • The Ethics of Partiality.Benjamin Lange -2022 -Philosophy Compass 1 (8):1-15.
    Partiality is the special concern that we display for ourselves and other people with whom we stand in some special personal relationship. It is a central theme in moral philosophy, both ancient and modern. Questions about the justification of partiality arise in the context of enquiry into several moral topics, including the good life and the role in it of our personal commitments; the demands of impartial morality, equality, and other moral ideals; and commonsense ideas about supererogation. This paper provides (...) an overview of the debate on the ethics of partiality through the lens of the domains of permissible and required partiality. After outlining the conceptual space, I first discuss agent-centred moral options that concern permissions not to do what would be impartially optimal. I then focus on required partiality, which concerns associative duties that go beyond our general duties to others and require us to give special priority to people who are close to us. I discuss some notable features of associative duties and the two main objections that have been raised against them: the Voluntarist and the Distributive objections. I then turn to the justification of partiality, focusing on underivative approaches and reasons-based frameworks. I discuss the reductionism and non-reductionism debate: the question whether partiality is derivative or fundamental. I survey arguments for ‘the big three’, according to which partiality is justified by appeal to the special value of either projects, personal relationships, or individuals. I conclude by discussing four newly emerging areas in the debate: normative transitions of various personal relationships, relationships with AI, epistemic partiality, and negative partiality, which concerns the negative analogue of our positive personal relationships. (shrink)
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  • (1 other version)Respect.Robin S. Dillon -2018 -Stanford Encyclopedia of Philosophy.
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  • Associative Duties and the Ethics of Killing in War.Seth Lazar -2013 -Journal of Practical Ethics 1 (1):3-48.
    this paper advances a novel account of part of what justifies killing in war, grounded in the duties we owe to our loved ones to protect them from the severe harms with which war threatens them. It discusses the foundations of associative duties, then identifies the sorts of relationships, and the specific duties that they ground, which can be relevant to the ethics of war. It explains how those associa- tive duties can justify killing in theory—in particular how they can (...) justify overrid- ing the rights to life of some of those who must be killed to win a war. It then shows how these duties can be operationalised in practice: first, showing how soldiers who fight on behalf of their community can act on reasons that apply to the members of that community; second, showing that the argument from associative duties does not prove too much—in particular, that it does not license the intentional killing of noncombatants in war. (shrink)
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  • Reasonable Partiality Towards Compatriots.David Miller -2005 -Ethical Theory and Moral Practice 8 (1-2):63-81.
    Ethical theories normally make room both for global duties to human beings everywhere and special duties to those we are attached to in some way. Such a split-level view requires us to specify the kind of attachment that can ground special duties, and to explain the comparative force of the two kinds of duties in cases of conflict. Special duties are generated within groups that are intrinsically valuable and not inherently unjust, where the duties can be shown to be integral (...) to relationships within the group. Since nations can be shown to meet these conditions, acknowledging special obligations towards compatriots is justified. However for such partiality to be reasonable, it must be balanced against recognition of duties of global justice. These duties include duties to respect human rights and duties of fairness towards non-nationals. Weighing such duties against domestic duties of social justice is not a simple task, and the outcome should depend on the precise specification of the duty at stake. In particular, the duty to respect human rights fragments into four sub-duties whose force when set against local duties is markedly different. (shrink)
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  • The Justification of Associative Duties.Seth Lazar -2016 -Journal of Moral Philosophy 13 (1):28-55.
    People often think that their special relationships with family, friends, comrades and compatriots, can ground moral reasons. Among these reasons, they understand some to be duties – pro tanto requirements that have genuine weight when they conflict with other considerations. In this paper I ask: what is the underlying moral structure of associative duties? I first consider and reject the orthodox Teleological Welfarist account, which first observes that special relationships are fundamental for human well-being, then claims that we cannot have (...) these relationships, if we do not recognise associative duties, before concluding that we should therefore recognise associative duties. I then introduce a nonteleological alternative, grounded in the Appropriate Response approach to ethical theory. (shrink)
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  • A Good Friend Will Help You Move a Body: Friendship and the Problem of Moral Disagreement.Daniel Koltonski -2016 -Philosophical Review 125 (4):473-507.
    On the shared-­ends account of close friendship, proper care for a friend as an agent requires seeing yourself as having important reasons to accommodate and promote the friend’s valuable ends for her own sake. However, that friends share ends doesn't inoculate them against disagreements about how to pursue those ends. This paper defends the claim that, in certain circumstances of reasonable disagreement, proper care for a friend as a practical and moral agent sometimes requires allowing her judgment to decide what (...) you are to do, even when you disagree with her judgment (and even when her judgment is in fact mistaken). In these instances, your friendship can make it the case that you may not act on your own practical and even moral judgments because, at those times, you have a duty as her close friend to defer to her judgments. As a result, treating your friend properly as a responsible agent can require that you assist her in committing what may in fact be serious moral wrongs. (shrink)
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  • Navigating Vagueness: Rule-Following and The Scope of Trust.Eli Benjamin Israel -forthcoming -Philosophical Quarterly.
    In this paper, I address a fundamental challenge in the philosophy of trust: how to account for trustee discretion in scenarios that fall outside explicitly defined expectations. I argue that this challenge reveals vagueness as an inherent feature of trusting relationships, often leading to disagreements between trustors and trustees. To resolve this, I propose a novel account of trust grounded in rule-following, shifting the object of trust from particular actions to adherence to rules constitutive of relationships. By focusing on relationships (...) and their constitutive rules, I provide here a framework for understanding and minimizing disagreements through communication and engaged practice. Furthermore, I argue this framework sheds light on the dynamics of trust-related reactive attitudes, in particular, distinguishing between betrayal and mere disappointment. (shrink)
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  • From human rights to sentient rights.Alasdair Cochrane -2013 -Critical Review of International Social and Political Philosophy 16 (5):655-675.
    This article calls for a paradigm shift in the language, theory and practice of human rights: it calls for human rights to be reconceptualized as sentient rights. It argues that human rights are not qualitatively distinct from the basic entitlements of other sentient creatures, and that attempts to differentiate human rights by appealing to something distinctive about humanity, their unique political function or their universality ultimately fail. Finally, the article claims that moving to sentient rights will not lead to intractable (...) conflicts between rights, but to a more inclusive, fair and rationally defensible normative enterprise. (shrink)
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  • Sharing the costs of political injustices.Avia Pasternak -2010 -Politics, Philosophy and Economics 10 (2):188-210.
    It is commonly thought that when democratic states act wrongly, they should bear the costs of the harm they cause. However, since states are collective agents, their financial burdens pass on to their individual citizens. This fact raises important questions about the proper distribution of the state’s collective responsibility for its unjust policies. This article identifies two opposing models for sharing this collective responsibility in democracies: first, in proportion to citizens’ personal association with the unjust policy; second, by giving each (...) citizen an equal share of the costs. Proportional distribution is compatible with the principle of fairness. And yet, both in the literature and in political praxis we find many supporters for the equal sharing of the costs of unjust policies in democracies. How can equal distribution be defended on normative grounds? This article develops a defense that is grounded in citizens’ associative obligations. I argue that, at least in some democracies, one of the intrinsic values of the civic bond revolves around the joint formation and execution of worthy political goals. This social good generates the political associative obligation to accept an equal distribution of the costs of unjust policies. (shrink)
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  • Duties to Companion Animals.Steve Cooke -2011 -Res Publica 17 (3):261-274.
    This paper outlines the moral contours of human relationships with companion animals. The paper details three sources of duties to and regarding companion animals: (1) from the animal’s status as property, (2) from the animal’s position in relationships of care, love, and dependency, and (3) from the animal’s status as a sentient being with a good of its own. These three sources of duties supplement one another and not only differentiate relationships with companion animals from wild animals and other categories (...) of domestic animals such as livestock, but they also overlap to provide moral agents with additional reasons for preventing and avoiding harm to companion animals. The paper concludes that not only do owners and bystanders have direct and indirect duties to protect companion animals from harm, but also that these duties have the potential, in some circumstances, to clash with duties owed to the state and fellow citizens. (shrink)
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  • Forced Supererogation.Shlomo Cohen -2013 -European Journal of Philosophy 23 (4):1006-1024.
    There is a disturbing kind of situation that presents agents with only two possibilities of moral action—one especially praiseworthy, the other condemnable. I describe such scenarios and argue that moral action in them exhibits a unique set of parameters: performing the commendable action is especially praiseworthy; not performing is not blameworthy; not performing is wrong. This set of parameters is distinct from those which characterize either moral obligation or supererogation. It is accordingly claimed that it defines a distinct, yet unrecognized, (...) deontic category, to which the name ‘Forced Supererogation’ is appropriate. The moral parameters of Forced Supererogation and the relations between them are discussed, especially the divergence of wrongness and blame. I argue that this new category allows a more accurate classification of moral actions than that imposed by the strained dichotomy of obligation versus supererogation. (shrink)
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  • Solving the Puzzle of Partiality.Sungwoo Um -2020 -Journal of Social Philosophy 52 (3):362-376.
  • Associative Responsibilities and Political Obligation.Massimo Renzo -2012 -Philosophical Quarterly 62 (246):106-127.
    In this paper I criticise an influential version of associative theory of political obligation and I offer a reformulation of the theory in ‘quasi-voluntarist’ terms. I argue that although unable by itself to solve the problem of political obligation, my quasi-voluntarist associative model can play an important role in solving this problem. Moreover, the model teaches us an important methodological lesson about the way in which we should think about the question of political obligation. Finally, I suggest that the quasi-voluntarist (...) associative model is particularly attractive because it manages to combine the main thrust of the traditional associative view with the most attractive feature of transactional theories, while avoiding at the same time the main problems that afflict each of these two approaches. (shrink)
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  • The Enmity Relationship as Justified Negative Partiality.Benjamin Lange &Joshua Brandt -forthcoming - In Monika Betzler & Jörg Löschke,The Ethics of Relationships: Broadening the Scope. Oxford University Press.
    Existing discussions of partiality have primarily examined special personal relationships between family, friends, or co-nationals. The negative analogue of such relationships – for example, the relationship of enmity – has, by contrast, been largely neglected. This chapter explores this adverse relation in more detail and considers the special reasons generated by it. We suggest that enmity can involve justified negative partiality, allowing members to give less consideration to each other’s interests. We then consider whether the negative partiality of enmity can (...) be justified through projects or the value inherent in the relationship, following two influential views about the justification of positive partiality. We argue that both accounts of partiality can be conceptually extended to the negative analogue, but doing so brings into focus the problems with such accounts of the grounds of partiality. (shrink)
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  • Love and the Moral Error Theory: Is Love a Mistake?Simon Keller -2017 -Philosophy and Phenomenological Research 95 (3):709-721.
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  • Partiality We Owe Our Employers.Chris Tweedt -forthcoming - In Eric Siverman,Virtuous and Vicious Expressions of Partiality. Routledge. pp. 265-282.
    Many employers make great efforts to be treated favorably by their employees, in part to avoid employee turnover and productivity losses. Phrased differently, employers are interested in being treated partially by their employees. This article’s project is to present three reasons that employees owe partiality to their employers. If employees do owe partiality to their employers, there are reasons for employees to be partial to their employer independent of their employer’s efforts. Further, an investigation into why and when employers ought (...) to be partial to their employers will reveal conditions employers need to meet in order for employees to have reasons to owe partiality to their employers. If employers wish to make efforts to be treated partially by their employees, employers should heed those conditions. (shrink)
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  • Associative Political Obligations.Bas van der Vossen -2011 -Philosophy Compass 6 (7):477-487.
    This article aims to provide some insight into the nature and content of the theory of associative political obligation. It does this by first locating the view in the wider debate on political obligation, analyzing the view in terms of four central elements that are shared by many of its versions, and then discussing important criticisms that have been made of each of these, as well as some rejoinders by defenders of the theory.
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  • (1 other version)Relationships as Indirect Intensifiers: Solving the Puzzle of Partiality.Jörg Https://Orcidorg Löschke -2017 -European Journal of Philosophy 26 (1):390-410.
    Two intuitions are important to commonsense morality: the claim that all persons have equal moral worth and the claim that persons have associative duties. These intuitions seem to contradict each other, and there has been extensive discussion concerning their reconciliation. The most widely held view claims that associative duties arise because relationships generate moral reasons to benefit our loved ones. However, such a view cannot account for the phenomenon that some acts are supererogatory when performed on behalf of a stranger (...) but obligatory when performed on behalf of a loved one. This paper offers a novel view of associative duties, according to which such duties arise because relationships serve as indirect intensifiers of moral reasons: they decrease the cost to the agent that certain acts imply, and this increases the relative weight of the reasons that speak in favour of the act in an all-things-considered judgement. This reconciles moral egalitarianism and associative duties in a promising way: the moral worth of a person always generates the same moral reasons, but due to differences in the cost to the agent, these reasons sometimes amount to obligations and sometimes do not. (shrink)
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  • The ethics of intergenerational relationships.Janna Thompson -2017 -Canadian Journal of Philosophy 47 (2-3):313-326.
    According to the relational approach we have obligations to members of future generations not because of their interests or properties but because, and only because, they are our descendants or successors. Common accounts of relational duties do not explain how we can have obligations to people who do not yet exist. In this defence of the relational approach I examine three sources of intergenerational obligations: the concern of parents for their children, including their future children; the desire of community members (...) to pass on a heritage to their descendants; and the relationship of citizens in an intergenerational polity. (shrink)
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  • Associative Political Obligations: Their Potential.Bas van der Vossen -2011 -Philosophy Compass 6 (7):488-496.
    This article adopts the framework set out in ‘Associative Political Obligations’ to ask two further questions about the theory of associative political obligation. (i) Which of the different interpretations of the theory of associative political obligation is most plausible? And (ii) what would be the implications of such a view? It is argued that (i) the most attractive version of the argument is one according to which such obligations obtain only in morally acceptable communities, and only between what may be (...) called ‘thick’ members. And (ii) that such a theory should give up on at least some of the conclusions that associativist theorists have tried to defend, such as that associative political obligations can establish the legitimacy of states. However, it is also suggested that this should not be considered a regrettable retreat. (shrink)
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  • The Identity-Enactment Account of associative duties.Saba Bazargan-Forward -2019 -Philosophical Studies 176 (9):2351-2370.
    Associative duties are agent-centered duties to give defeasible moral priority to our special ties. Our strongest associative duties are to close friends and family. According to reductionists, our associative duties are just special duties—i.e., duties arising from what I have done to others, or what others have done to me. These include duties to abide by promises and contracts, compensate our benefactors in ways expressing gratitude, and aid those whom we have made especially vulnerable to our conduct. I argue, though, (...) that reductionism faces a problem: special duties are not strong enough to account for the strength of our associative duties. At the bar of associative duties, we are required to do what no special duty can warrant. I then present an alternative reductionist analysis of associative duties—the ‘Identity-Enactment Account’—which not only accounts for the peculiar strength of our associative duties, but also characterizes them in an intuitively compelling way. On this account, our strongest associative duties are special duties to protect or promote the welfare of the duty’s beneficiary by adopting and enacting a practical identity in which the duty’s beneficiary features prominently. There are persons who can legitimately demand a prominent place in our mental lives, for the protection and intimacy it affords. They can, in effect, legitimately demand to be among our nearest and dearest. The correlative of such a demand is, on our part, an associative duty we have toward them. (shrink)
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  • Friendship, Value and Interpretation.Jörg Löschke -2017 -Theoria 83 (4):319-340.
    A widely held view concerning the justification of associative duties is the so-called relationships view, according to which associative duties within personal relationships arise because of the value of those relationships. Against this view, it has been argued that there can be cases of undemanding friendships, that is, genuine friendships with no associative duties. In this article, I argue that undemanding friendships do not show that associative duties are not grounded in the value of the relationship that gives rise to (...) them by providing an interpretivist account of the normativity of friendships. I argue that friendships are complex values that need to be interpreted in order to determine which response to them would be appropriate, and that understanding one's friendship as undemanding is one valid interpretation of the value of friendship. Subsequently, I demonstrate that this solution is not ad hoc, because friendship is not the only complex value that needs to be interpreted. (shrink)
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  • Parental partiality and the intergenerational transmission of advantage.Thomas Douglas -2015 -Philosophical Studies 172 (10):2735-2756.
    Parents typically favour their own children over others’. For example, most parents invest more time and money in their own children than in other children. This parental partiality is usually regarded as morally permissible, or even obligatory, but it can have undesirable distributive effects. For example, it may create unfair or otherwise undesirable advantages for the favoured child. A number of authors have found it necessary to justify parental partiality in the face of these distributive concerns, and they have typically (...) done so by appealing to features of the parent–child relationship. Parental partiality is said to be justified, despite its undesirable distributive effects, in part because the parent enjoys a special kind of relationship with her child. In this paper, I raise a problem for such relational defences of parental partiality. I report empirical findings suggesting that parental partiality will frequently create advantages—sometimes undesirable—not only for one’s children, but also for one’s more distant descendants; I argue that the creation of these latter advantages stands as much in need of justification as does the creation of advantages for one’s own children; and I claim that existing relational defences do not clearly contain the resources necessary to deliver such a justification. I then examine three possible responses to this problem. (shrink)
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  • Vocations, Exploitation, and Professions in a Market Economy.Daniel Koltonski -2018 -Social Theory and Practice 44 (3):323-347.
    In a market economy, members of professions—or at least those for whom their profession is a vocation—are vulnerable to a distinctive kind of objectionable exploitation, namely the exploitation of their vocational commitment. That they are vulnerable in this way arises out of central features both of professions and of a market economy. And, for certain professions—the care professions—this exploitation is particularly objectionable, since, for these professions, the exploitation at issue is not only exploitation of the professional’s vocational commitment but also (...) of her even more basic commitment to morality. (shrink)
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  • Biotechnology, Justice and Health.Ruth Faden &Madison Powers -2013 -Journal of Practical Ethics 1 (1):49-61.
    New biotechnologies have the potential to both dramatically improve human well-being and dramatically widen inequalities in well-being. This paper addresses a question that lies squarely on the fault line of these two claims: When as a matter of justice are societies obligated to include a new biotechnology in a national healthcare system? This question is approached from the standpoint of a twin aim theory of justice, in which social structures, including nation-states, have double-barreled theoretical objectives with regard to human well-being. (...) The first aim is to achieve a sufficient level of well-being in each of six core dimensions. In the special case of healthcare systems, this aim is focally but not exclusively attentive to achieving health sufficiency as one of the core dimensions. The second aim is to combat the emergence and persistence of densely woven patterns of systematic disadvantage that tend to undermine the achievement of a sufficient level of health and the other core elements of well-being of some persons and groups. Judgments about entitlements to health related resources, including new biotechnologies, are made in light of a threshold notion of health sufficiency. What is enough or sufficient health? The answer that is defended here is that sufficient health is enough health for a decent human life, understood as enough health to live a full life course without preventable, significant functional disability or decrement in health, or treatable pain or suffering. When a state must include a new biotechnology in its national healthcare system is also influenced by ancillary concerns about the connection between health and other core dimensions of well-being. What counts as a significant functional impairment or health decrement is thus explicated, in part, in relation to the theory’s sufficiency aim for the other essential dimensions of well-being, and thus for a decent life, overall. Those elements of health that play a critical role in the experience of sufficient reasoning, affiliation, security, respect and self determination are especially important; any loss of health function or capacity that threatens the individual’s prospects for sufficiency in these other dimensions, including the relational egalitiarian concerns they entail, constitutes a significant functional impairment. Within national borders, individuals are thus entitled to those health-related goods and services that are essential for a sufficiency of each of the dimensions of well-being; with regard to self determination and respect, what is sufficient by way of guaranteed access to specific goods and services is going to depend on the implications of such access for where an individual stands in relation to her co-nationals. The content of any entitlement to health-related goods and services is also necessarily dynamic. What can be done for health and the other core dimensions of well-being as a function of technological innovation and diffusion is in constant flux. The paper concludes by considering the implications of this analysis for the conditions under which states are obligated to include access in their healthcare systems to one biotechnology, deep brain stimulation. (shrink)
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  • Patriotism and the value of citizenship.Igor Primoratz -2009 -Acta Analytica 24 (1):63-67.
  • Non-pharmaceutical Interventions and Social Distancing as Intersubjective Care and Collective Protection.Corrado Piroddi -2022 -Asian Bioethics Review 14 (4):379-395.
    The paper discusses non-pharmaceutical interventions (NPIs) as a collective form of protection that, in terms of health justice, benefits groups at risk, allowing them to engage in social life and activities during health crises. More specifically, the paper asserts that NPIs that realize social distancing are justifiable insofar as they are constitutive of a type of social protection that allows everyone, especially social disadvantaged agents, to access the public health sphere and other fundamental social spheres, such as the family and (...) civil society. (shrink)
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  • Birthright Entitlements and Obligations in an Intergenerational Political Society.Janna Thompson -2023 -The Monist 106 (2):132-144.
    Political societies are essentially intergenerational—not only because they often last for many generations and because they maintain their existence largely through members having or adopting children, but because the children of members acquire entitlements simply as a result of being born or adopted by members. Even in a liberal political society, members by birth or adoption are supposed to enjoy from birth the irrevocable status of membership and the privileges it entails. They have opportunities and civil rights that outsiders cannot (...) claim. In liberal welfare states they are entitled to assistance in need. But from a liberal point of view birthright entitlements, and the obligations they entail, are problematic. I will discuss three attempts to justify them. (shrink)
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