In this paper I argue against Fried’s thesis that a wrong must be intended by the violator in order for a person’s negative rights to be violated. With Fried’s requirement these rights become in a sense derivative from wrongs. This makes the relation between one’s negative rights and one’s moral integrity, upon which Fried wants to base rights, indirect and inappropriately weak. If rights are based on one’s status as a freely choosing, rational, moral personality, then whether one’s rights are violated should be determined by inspecting one’s own loss of integrity or function, not by examining the assailant’s intentions
In this paper, I consider the question of whether crime victims can be said to have a moral right to...
This article introduces a new formulation of the interest theory of rights. The focus is on ‘Bentham...
There are two distinct types of legal wrongdoing: civil and criminal. This article demonstrates in t...
In philosophical and legal arguments, it is commonly assumed that a person is wronged only if that p...
Common sense morality recognises a distinction between doing something that is wrong, and wronging s...
Sometimes, we can gain new moral rights by acting wrongly. Sometimes, we can gain new moral rights (...
Blackstone had a point in identifying crimes as public wrongs and torts as private wrongs. Both crim...
The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to ...
An act is usually thought of as wrong only if it harms someone and to harm someone is, roughly speak...
Are there moral rights to do moral wrong? A right to do wrong is a right that others not interfere ...
I draw on accessorial liability jurisprudence in an attempt to outline the moral limits of criminali...
In their recent book, Because It Is Wrong former solicitor general and Harvard Law professor Charles...
This paper examines the concept of externalities using the concepts of rights and corrective justice...
The idea that criminal punishment carries a message of condemnation is as commonplace as could be. I...
Rights to do wrong are not necessary even within the framework of interest-based rights aimed at pre...
In this paper, I consider the question of whether crime victims can be said to have a moral right to...
This article introduces a new formulation of the interest theory of rights. The focus is on ‘Bentham...
There are two distinct types of legal wrongdoing: civil and criminal. This article demonstrates in t...
In philosophical and legal arguments, it is commonly assumed that a person is wronged only if that p...
Common sense morality recognises a distinction between doing something that is wrong, and wronging s...
Sometimes, we can gain new moral rights by acting wrongly. Sometimes, we can gain new moral rights (...
Blackstone had a point in identifying crimes as public wrongs and torts as private wrongs. Both crim...
The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to ...
An act is usually thought of as wrong only if it harms someone and to harm someone is, roughly speak...
Are there moral rights to do moral wrong? A right to do wrong is a right that others not interfere ...
I draw on accessorial liability jurisprudence in an attempt to outline the moral limits of criminali...
In their recent book, Because It Is Wrong former solicitor general and Harvard Law professor Charles...
This paper examines the concept of externalities using the concepts of rights and corrective justice...
The idea that criminal punishment carries a message of condemnation is as commonplace as could be. I...
Rights to do wrong are not necessary even within the framework of interest-based rights aimed at pre...
In this paper, I consider the question of whether crime victims can be said to have a moral right to...
This article introduces a new formulation of the interest theory of rights. The focus is on ‘Bentham...
There are two distinct types of legal wrongdoing: civil and criminal. This article demonstrates in t...