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Full-Text Articles in Arts and Humanities

Distributive Justice Before The Eighteenth Century: The Right Of Necessity, Siegfried Van Duffel, Dennis Yap Jan 2011

Distributive Justice Before The Eighteenth Century: The Right Of Necessity, Siegfried Van Duffel, Dennis Yap

Siegfried Van Duffel

Until recently, few people would have doubted that the idea of distributive justice is old, indeed ancient. Several authors have now challenged this assumption. Most prominently, Samuel Fleischacker argued that distributive justice originates in the eighteenth century. If accurate, this would upset much of what we have taken for granted about an important part of the history of Western political thought. However, the thesis is manifestly flawed. And since that it has already proven influential, it is important to set the record straight. We will focus on the principle of extreme necessity, developed in twelfth and thirteenth century canon law, …


From Objective Right To Subjective Rights: The Franciscans And The Interest And Will Conceptions Of Rights, Siegfried Van Duffel Jan 2010

From Objective Right To Subjective Rights: The Franciscans And The Interest And Will Conceptions Of Rights, Siegfried Van Duffel

Siegfried Van Duffel

What are subjective rights? And what makes Will and Interest conceptions of rights into conceptions of rights? I argue that they originate in two very different natural rights theories which are, however, grounded in the same philosophical anthropology.


The Nature Of Rights, Siegfried Van Duffel Jan 2009

The Nature Of Rights, Siegfried Van Duffel

Siegfried Van Duffel

No abstract provided.


Sovereignty As A Religious Concept, Siegfried Van Duffel Jan 2007

Sovereignty As A Religious Concept, Siegfried Van Duffel

Siegfried Van Duffel

An analysis of the concept of sovereignty. I argue that we have only one possible example of a sovereign, namely the god of the semitic religions.


Natural Rights And Individual Sovereignty, Siegfried Van Duffel Dec 2004

Natural Rights And Individual Sovereignty, Siegfried Van Duffel

Siegfried Van Duffel

Can we have a moral right to do things that are immoral? Some people have said "Yes", but others have vehemently denied the same. This paper argues how such an idea could have developed out of a completely different one.


Libertarian Natural Rights, Siegfried Van Duffel Dec 2004

Libertarian Natural Rights, Siegfried Van Duffel

Siegfried Van Duffel

Libertarianism relies on a natural rights theory, which takes the idea of individual sovereignty as basic. The theory is flawed because it cannot ground an obligation for different sovereigns to respect each other's sovereignty.


A Plea For Theory In Rethinking Human Rights, Siegfried Van Duffel Jan 2003

A Plea For Theory In Rethinking Human Rights, Siegfried Van Duffel

Siegfried Van Duffel

Edward Rubin has claimed that we should rethink human rights. From his paper, however, it is neither clear why this should be the case, nor what would be involved in rethinking them. I suggest that we need a theory of rights.