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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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Rights and Their Limits: In Theory, Cases, and Pandemics


ISBN13: 9780197567739
Published: December 2022
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £71.00



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In this volume, F.M. Kamm explores how theories as well as hypothetical and practical cases help us understand rights and their limits. The book begins by considering moral status and its relation to having rights (including whether non-human animals have rights and what rights future persons have). The author then considers whether rights are grounded in duties to oneself, which duties are correlative to rights, and whether neuroscientific and psychological studies can help determine what rights we have. Kamm next investigates the contours of the right not to be harmed by considering critiques of deontological distinctions, the costs that must be undertaken to avoid harming, and a proposal for permissibly harming someone (that allows for resisting the harm) in the Trolley Problem.

Additional chapters cover possible implications of the Trolley Problem for such practical issues as correctly programming self-driving cars, providing medical treatments, and enacting redistributive economic policy. Kamm concludes the book by comparing the use of case-based judgments about extreme cases in moral versus aesthetic theory, and by exploring the significance of the right not to be harmed for morally correct policies in the extreme cases of torture and a pandemic. Where pertinent, Kamm considers the views of Derek Parfit, Tom Regan, Christine Korsgaard, Shelly Kagan, Ronald Dworkin, Amartya Sen, Allan Gibbard, Joshua Greene, Arthur Danto, and Judith Thomson, among others.

Subjects:
Jurisprudence, Law and Society
Contents:
Introduction and Acknowledgements
Part I: Rights by Theory and Cases
1. Moral Status, Rights, and Parfit's No-Difference View
2. Rights That Ethical Responsibility Cannot Justify
3. What "Must" Be Done to Answer Practical Questions?
4. Rights and Their Related Duties
5. Intuitions, the Veil of Ignorance, and Strains of Commitment
Part II: Rights and the Trolley Problem
6. Neuroscience and Moral Reasoning
7. The Irrelevance of Deontological Distinctions?
8. Duties That Become Supererogatory or Forbidden
9. Nonconsequentialism in Light of the Trolley Problem
10. The Use and Abuse of the Trolley Problem: Self Driving Cars, Medical Treatments, and the Distribution of Harm
11. The Trolley Problem and Economic Policy
Part III: Rights and Extreme Cases
12. Thought Experiments: Art and Ethics
13. The Torture Puzzle
14. Rights and Aggregation in a Pandemic
15. Harms, Wrongs, and Meaning in a Pandemic
Appendix 1: Claiming and Waiving Rights
Appendix 2: The Moral Rights and Status of Animals: Comparing Some Arguments