Published by De Gruyter Oldenbourg

Volume 17 Issue 1

Issue of Analyse & Kritik

Contents
Journal Overview

Publicly Available May 14, 2016

Rational Rights

Hillel Steiner

Page range: 3-11

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Abstract

A rational moral code must satisfy the condition of completeness. This same condition applies to a set of moral rights, where it takes the form of requiring that all the rights in that set be compossible: that their respective correlatively entailed duties be jointly fulfillable. Such joint fulfillability is guaranteed only by a set of fully differentiated individual domains. And if moral rights are to play any independent role in moral reasoning - any role logically independent of the values that bring persons into conflict - those domains must be determined by rules which are not derived from those values.

Publicly Available May 14, 2016

Liberalism and Nationalism

Hillel Steiner

Page range: 12-20

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Abstract

Historically, liberal political philosophy has had much to say about who is entitled to nationhood. But it has had rather less to say about how to determine the legitimate territorial boundaries of nations and even less to say about what some such nations, so situated, might owe to others. The object of this paper is to show that the foundational principles of liberalism can generate reasonably determinate solutions to these problems. That is, the very same set of basic rights that liberalism ascribes to all persons is itself sufficient to determine which nations they are members of where those nations’ legitimate legal jurisdictions are located, and what amounts of wealth they each owe or are owed by other nations.

Publicly Available May 14, 2016

Steiner’s Justice

Ulrich Steinvorth

Page range: 21-34

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Abstract

Hillel Steiner is a libertarian who takes the equal right to natural resources seriously. Though there are objections to some of the conclusions he draws from this right, his approach might avoid the vices of liberalism and socialism and combine their virtues.

Publicly Available May 14, 2016

Rights and Distributive Economic Justice

Rex Martin

Page range: 35-51

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Abstract

The paper has three main sections. The first is concerned with developing the idea of a democratic system of rights. The second section turns, then, to constructing an idea of economic justice suitable to such a system. The paper concludes, in its final section, with a brief reflection on and assessment of the general line of argument taken.

Publicly Available May 14, 2016

Libertarian Rights within Pluralistic Consequentialism

Guido Pincione

Page range: 52-66

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Abstract

This essay questions the self-sufficiency of abstract, non-consequentialist, principles as a defence of a libertarian regime. The argument focuses on the difficulties involved in attempts to defend the priority of negative rights if an attractive conception of freedom and an agent-relative view about our reasons to respect rights are to be upheld. The paper closes by suggesting how libertarianism could gain support from various, and perhaps mutually irreducible and even conflicting, considerations in a wide consequentialist system.

Publicly Available May 14, 2016

Communitarianism and Collective Rights

Horacio Spector

Page range: 67-92

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Abstract

The article distinguishes metaphysical from practical communitarianism. Metaphysical communitarianism is alleged to involve a concealed ideological element, which leads its adherents to stereotypes when trying to capture the essence of the modern self. The claim is examined that minorities, or other ethnic and cultural groups have collective rights, either moral or legal in nature. Justifications of collective rights resorting to the value of cultural identity are said to be in need of explaining why the proper way of protecting such value is through rights. It is argued that practical communitarianism’s case for collective rights needs embracing meta-normative and normative relativism, whose application to political action yields consequences at odds with widespread ethical intuitions.

Publicly Available May 14, 2016

Rights, Equality and Procreation

Paula Casal, Andrew Williams

Page range: 93-116

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Abstract

Individual decisions about how to exercise the legal right to procreative liberty may generate either positive or negative externalities. From within a resource egalitarian perspective, such as that of Ronald Dworkin, it can be argued that procreative justice is asymmetric in the following respect. Justice need not require that parents be subsidised if they produce a public good, yet its ideal achievement may require their activities be taxed if they threaten to produce a public bad.

About this journal

ANALYSE & KRITIK

is devoted to the fundamental issues of empirical and normative social theory
is directed at social scientists and social philosophers who combine commitment to political and moral enlightenment with argumentative rigour and conceptual clarity
develops social theorizing in connection with analytical philosophy and philosophy of science
promotes the dialogue between Anglo-American and Continental traditions in the social sciences and ethics
publishes articles in English