James W Nickel
Biographic Data
| ID | 1146475 |
|---|---|
| NAME | James W Nickel |
| GIVEN NAMES | James W |
| FAMILY NAME | Nickel |
| SIGNATURE | NICKEL J W |
| AFFILIATIONS | Wichita State University |
| VERIFIED | No |
| TOTAL WORKS | 29 |
| TOTAL CITATIONS | 28 |
| AUTHOR COUNT | 29 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1969 |
| LATEST PUBLICATION YEAR | 2018 |
| H-INDEX | 3 |
Assigning Functions to Human Rights
Theorists who assign functions to human rights often simply announce them as if they were obvious. Assigning a defining or typical function to a concept, artefact, or practice is not a straightforward empirical matter. It requires observation of uses and products, but also requires judgements of centrality and importance and uses selection criteria that can conflict. The first section of this chapter analyses the assignment of functions to artefa…
Recent Work on the Concept of Rights
This chapter focuses on the concept of rights, including the concept of human rights, from 1963 to 1978. It presents general characterizations of rights and discusses treatments of the defeasibility of rights with special attention to the notion of a prima facie right. In Feinberg's theory a right always has two principal elements: a valid claim-to something and a valid claim-against someone. Rights, according to H. J. McCloskey, are best "explai…
International Human Rights; International Human Rights Law: Cases, Materials, Commentary
International Human Rights; International Human Rights Law: Cases, Materials, Commentary." Nordic Journal of Human Rights, 34(1), pp. 67–68
Work, Right to
This article discusses whether it is ethically imperative to provide work to people who are unemployed, can't find jobs or other economic opportunities, and want to work. The idea of a right to work is explained and arguments for and against such a right are presented.
What Future for Human Rights
Like people born shortly after World War II, the international human rights movement recently had its sixty-fifth birthday. This could mean that retirement is at hand and that death will come in a few decades. After all, the formulations of human rights that activists, lawyers, and politicians use today mostly derive from the UN Universal Declaration of Human Rights, and the world in 1948 was very different from our world today: the cold war was …
The Millennium Development Goals and Human Rights: Past, Present and Future
The Millennium Development Goals (MDGs) have generated tremendous discussion in global policy and academic circles. On the one hand, they have been hailed as the most important initiative ever in international development. On the other hand, they have been described as a great betrayal of human rights and universal values that has contributed to a depoliticization of development. With contributions from scholars from the fields of economics, law,…
On Human Rights
Book Review| July 01 2012 On Human Rights Griffin, James, On Human Rights. Oxford: Oxford University Press, 2008. 360 pp. James W. Nickel James W. Nickel Search for other works by this author on: This Site Google The Philosophical Review (2012) 121 (3): 461–464. https://doi.org/10.1215/00318108-1574472 Cite Icon Cite Share Icon Share Facebook Twitter LinkedIn MailTo Permissions Search Site Citation James W. Nickel; On Human Rights. The Philosophi…
Indivisibility and Linkage Arguments: A Reply to Gilabert
This reply discusses Pablo Gilabert's response to my article, "Rethinking Indivisibility." It welcomes his distinction between conceptual, normative, epistemic, and causal forms of support from one right to another. It denies, however, that "Rethinking Indivisibility" downplayed linkage arguments for human rights (although it did call for careful evaluation of such arguments), and rejects Gilabert's suggestion that we understand the indivisibilit…
Poverty and Rights
I defend economic and social rights as human rights, and as a feasible approach to addressing world poverty. I propose a modest conception of economic and social rights that includes rights to subsistence, basic health care and basic education. The second part of the paper defends these three rights. I begin by sketching a pluralistic justificatory framework that starts with abstract norms pertaining to life, leading a life, avoiding severely cru…
Pluralism, Justice, and Equality
The book contains a series of critical appraisals by political theorists of Michael Walzer's book Spheres of Justice. The main ideas of Walzer's work are summarized in the introduction, and Walzer himself replies to criticisms in the concluding chapter. Four main issues are addressed. First, does the interpretative approach to justice favoured by Walzer, which focuses on the shared understandings of political communities, allow him to obtain suff…
The Claims of Immigrants: A Response to Bauböck and Parekh
Commentary: The Claims of Immigrants: A Response to Baubock and Parekh
James W. Nickel, Commentary: The Claims of Immigrants: A Response to Baubock and Parekh, The International Migration Review, Vol. 30, No. 1, Special Issue: Ethics, Migration, and Global Stewardship (Spring, 1996), pp. 285-288
Ethnocide and Indigenous Peoples 1
Integrating Environmentalism and Human Rights
The Value of Cultural Belonging: Expanding Kymlicka's Theory
In his recent book, Liberalism, Community and Culture, Will Kymlicka defends collective rights for some minority groups-and particularly for indigenous peoples in North America-by trying to show that (1) secure cultural belonging is of great value, and (2) rights to protection and autonomy for minorities, including some collective rights, are justified by the special disadvantages some minorities face in enjoying secure cultural membership. Kymli…
How Human Rights Generate Duties to Protect and Provide
Pour l'A., la Declaration universelle des Droits de l'homme comporte une faille en ce qu'elle ne definit pas clairement les responsabilites de chacun quant a l'observation du devoir de protection des citoyens et de celui de pourvoir a leurs besoins. L'article analyse la notion de droit a (la liberte) et de droit contre (quelqu'un)
The Realm of Rights
Journal Article Book Reviews Get access The Realm of Rights. By Judith Jarvis Thomson. (Cambridge, Mass.: Harvard University Press, 1990. Pp. vii + 383. Price $27.95 pbk). James W. Nickel James W. Nickel University of Colorado, Boulder Search for other works by this author on: Oxford Academic Google Scholar The Philosophical Quarterly, Volume 42, Issue 166, January 1992, Pages 121–124, https://doi.org/10.2307/2220463 Published: 01 January 1992
Conflict and Peacemaking in Multiethnic Societies
James W. Nickel, The International Migration Review, Vol. 25, No. 4, Special Issue: U.N. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Winter, 1991), p. 961
Strong affirmative action
This paper analyses and defends strong affirmative action (SAA). SAA goes beyond weaker forms by using numerical goals, non‐traditional selection procedures, or preferential policies. Functions of SAA are identified and related to possible justifications. Claims that preferential policies are unfair to those they disadvantage are considered and rebutted. Diversity as a rationale for affirmative action is discussed and evaluated. And the limits of…
The Uneasy Alliance: Religion, Refugee Work, and U.S. Foreign Policy
Does Basing Rights on Autonomy Imply Obligations of Political Allegiance
Charles Taylor's well-known essay, "Atomism", criticizes libertarian theories of rights like Nozick's that make individual rights independent of any duties to belong to, support, or obey the law in the society in which those rights are to be enjoyed. Taylor argues that if one grounds rights to important liberties on the human capacity for autonomy, this commits one to the view that the development of autonomy in oneself and others is morally obli…
Human Rights: An Exuberant Disarray
Book reviewed in this article: Liberty, Community, and Justice. By R.E. Ewin. Persons, Rights, and the Moral Community. By Loren E. Lomasky Making Sense of Human Rights: Philosophical Reflections on the Universal Declaration of Human Rights. By James W. Nickel
Should Undocumented Aliens Be Entitled to Health Care
The 99th Congress decided that undocumented aliens are ineligible for\nfederal medical benefits under the 1966 Medicaid Act. The author considers\nwhether providing "basic medical care" or a "decent minimum of medical care"\nto illegal immigrants is simply a matter of prudence and charity or whether it\ncan be based on a moral claim that generates obligations for hospitals and\ngovernment agencies. Nickel contends that countries able to ensure th…
Equal Respect and Human Rights
Suppose that someone is trying to justify belief in human rights not to a moral sceptic but to someone who finds ordinary moral principles unproblematic while worrying that human rights are too strong and rigid to be plausible. One familiar strategy in providing such a justification for human rights is to appeal to a general principle of equal respect for persons as rational and autonomous beings and to try to show that this principle will justif…
A Bibliography on the Nature and Foundations of Rights, 1947-1977
How Human Rights Generate Duties to Protect and Provide
Pour l'A., la Declaration universelle des Droits de l'homme comporte une faille en ce qu'elle ne definit pas clairement les responsabilites de chacun quant a l'observation du devoir de protection des citoyens et de celui de pourvoir a leurs besoins. L'article analyse la notion de droit a (la liberte) et de droit contre (quelqu'un)
Poverty and Rights
I defend economic and social rights as human rights, and as a feasible approach to addressing world poverty. I propose a modest conception of economic and social rights that includes rights to subsistence, basic health care and basic education. The second part of the paper defends these three rights. I begin by sketching a pluralistic justificatory framework that starts with abstract norms pertaining to life, leading a life, avoiding severely cru…
The Value of Cultural Belonging: Expanding Kymlicka's Theory
In his recent book, Liberalism, Community and Culture, Will Kymlicka defends collective rights for some minority groups-and particularly for indigenous peoples in North America-by trying to show that (1) secure cultural belonging is of great value, and (2) rights to protection and autonomy for minorities, including some collective rights, are justified by the special disadvantages some minorities face in enjoying secure cultural membership. Kymli…
Integrating Environmentalism and Human Rights
What Future for Human Rights
Like people born shortly after World War II, the international human rights movement recently had its sixty-fifth birthday. This could mean that retirement is at hand and that death will come in a few decades. After all, the formulations of human rights that activists, lawyers, and politicians use today mostly derive from the UN Universal Declaration of Human Rights, and the world in 1948 was very different from our world today: the cold war was …
Does Basing Rights on Autonomy Imply Obligations of Political Allegiance
Charles Taylor's well-known essay, "Atomism", criticizes libertarian theories of rights like Nozick's that make individual rights independent of any duties to belong to, support, or obey the law in the society in which those rights are to be enjoyed. Taylor argues that if one grounds rights to important liberties on the human capacity for autonomy, this commits one to the view that the development of autonomy in oneself and others is morally obli…
Mr. Stearns on naturalism
Discrimination and morally relevant characteristics
Journal Article Discrimination and morally relevant characteristics Get access James W. Nickel James W. Nickel Wichita State University Search for other works by this author on: Oxford Academic Google Scholar Analysis, Volume 32, Issue 4, March 1972, Pages 113–114, https://doi.org/10.1093/analys/32.4.113 Published: 01 March 1972
Sparshott on Relevance
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On banishing ethics from our minds
A Bibliography on the Nature and Foundations of Rights, 1947-1977
Equal Respect and Human Rights
Suppose that someone is trying to justify belief in human rights not to a moral sceptic but to someone who finds ordinary moral principles unproblematic while worrying that human rights are too strong and rigid to be plausible. One familiar strategy in providing such a justification for human rights is to appeal to a general principle of equal respect for persons as rational and autonomous beings and to try to show that this principle will justif…
Should Undocumented Aliens Be Entitled to Health Care
The 99th Congress decided that undocumented aliens are ineligible for\nfederal medical benefits under the 1966 Medicaid Act. The author considers\nwhether providing "basic medical care" or a "decent minimum of medical care"\nto illegal immigrants is simply a matter of prudence and charity or whether it\ncan be based on a moral claim that generates obligations for hospitals and\ngovernment agencies. Nickel contends that countries able to ensure th…
Human Rights: An Exuberant Disarray
Book reviewed in this article: Liberty, Community, and Justice. By R.E. Ewin. Persons, Rights, and the Moral Community. By Loren E. Lomasky Making Sense of Human Rights: Philosophical Reflections on the Universal Declaration of Human Rights. By James W. Nickel
The Uneasy Alliance: Religion, Refugee Work, and U.S. Foreign Policy
Does Basing Rights on Autonomy Imply Obligations of Political Allegiance
Charles Taylor's well-known essay, "Atomism", criticizes libertarian theories of rights like Nozick's that make individual rights independent of any duties to belong to, support, or obey the law in the society in which those rights are to be enjoyed. Taylor argues that if one grounds rights to important liberties on the human capacity for autonomy, this commits one to the view that the development of autonomy in oneself and others is morally obli…
Strong affirmative action
This paper analyses and defends strong affirmative action (SAA). SAA goes beyond weaker forms by using numerical goals, non‐traditional selection procedures, or preferential policies. Functions of SAA are identified and related to possible justifications. Claims that preferential policies are unfair to those they disadvantage are considered and rebutted. Diversity as a rationale for affirmative action is discussed and evaluated. And the limits of…
Conflict and Peacemaking in Multiethnic Societies
James W. Nickel, The International Migration Review, Vol. 25, No. 4, Special Issue: U.N. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Winter, 1991), p. 961
The Realm of Rights
Journal Article Book Reviews Get access The Realm of Rights. By Judith Jarvis Thomson. (Cambridge, Mass.: Harvard University Press, 1990. Pp. vii + 383. Price $27.95 pbk). James W. Nickel James W. Nickel University of Colorado, Boulder Search for other works by this author on: Oxford Academic Google Scholar The Philosophical Quarterly, Volume 42, Issue 166, January 1992, Pages 121–124, https://doi.org/10.2307/2220463 Published: 01 January 1992
How Human Rights Generate Duties to Protect and Provide
Pour l'A., la Declaration universelle des Droits de l'homme comporte une faille en ce qu'elle ne definit pas clairement les responsabilites de chacun quant a l'observation du devoir de protection des citoyens et de celui de pourvoir a leurs besoins. L'article analyse la notion de droit a (la liberte) et de droit contre (quelqu'un)
Ethnocide and Indigenous Peoples 1
Integrating Environmentalism and Human Rights
The Value of Cultural Belonging: Expanding Kymlicka's Theory
In his recent book, Liberalism, Community and Culture, Will Kymlicka defends collective rights for some minority groups-and particularly for indigenous peoples in North America-by trying to show that (1) secure cultural belonging is of great value, and (2) rights to protection and autonomy for minorities, including some collective rights, are justified by the special disadvantages some minorities face in enjoying secure cultural membership. Kymli…
The Claims of Immigrants: A Response to Bauböck and Parekh
Commentary: The Claims of Immigrants: A Response to Baubock and Parekh
James W. Nickel, Commentary: The Claims of Immigrants: A Response to Baubock and Parekh, The International Migration Review, Vol. 30, No. 1, Special Issue: Ethics, Migration, and Global Stewardship (Spring, 1996), pp. 285-288
Pluralism, Justice, and Equality
The book contains a series of critical appraisals by political theorists of Michael Walzer's book Spheres of Justice. The main ideas of Walzer's work are summarized in the introduction, and Walzer himself replies to criticisms in the concluding chapter. Four main issues are addressed. First, does the interpretative approach to justice favoured by Walzer, which focuses on the shared understandings of political communities, allow him to obtain suff…
Poverty and Rights
I defend economic and social rights as human rights, and as a feasible approach to addressing world poverty. I propose a modest conception of economic and social rights that includes rights to subsistence, basic health care and basic education. The second part of the paper defends these three rights. I begin by sketching a pluralistic justificatory framework that starts with abstract norms pertaining to life, leading a life, avoiding severely cru…
Indivisibility and Linkage Arguments: A Reply to Gilabert
This reply discusses Pablo Gilabert's response to my article, "Rethinking Indivisibility." It welcomes his distinction between conceptual, normative, epistemic, and causal forms of support from one right to another. It denies, however, that "Rethinking Indivisibility" downplayed linkage arguments for human rights (although it did call for careful evaluation of such arguments), and rejects Gilabert's suggestion that we understand the indivisibilit…
On Human Rights
Book Review| July 01 2012 On Human Rights Griffin, James, On Human Rights. Oxford: Oxford University Press, 2008. 360 pp. James W. Nickel James W. Nickel Search for other works by this author on: This Site Google The Philosophical Review (2012) 121 (3): 461–464. https://doi.org/10.1215/00318108-1574472 Cite Icon Cite Share Icon Share Facebook Twitter LinkedIn MailTo Permissions Search Site Citation James W. Nickel; On Human Rights. The Philosophi…
The Millennium Development Goals and Human Rights: Past, Present and Future
The Millennium Development Goals (MDGs) have generated tremendous discussion in global policy and academic circles. On the one hand, they have been hailed as the most important initiative ever in international development. On the other hand, they have been described as a great betrayal of human rights and universal values that has contributed to a depoliticization of development. With contributions from scholars from the fields of economics, law,…
What Future for Human Rights
Like people born shortly after World War II, the international human rights movement recently had its sixty-fifth birthday. This could mean that retirement is at hand and that death will come in a few decades. After all, the formulations of human rights that activists, lawyers, and politicians use today mostly derive from the UN Universal Declaration of Human Rights, and the world in 1948 was very different from our world today: the cold war was …
Political science (25 works) · Law (20 works) · Sociology (20 works) · Political Philosophy and Ethics (14 works) · Human rights (11 works) · Law and economics (11 works) · Law (10 works) · Philosophy (9 works) · Epistemology (8 works) · Politics (7 works)