Elizabeth Brake
Biographic Data
| ID | 4802228 |
|---|---|
| NAME | Elizabeth Brake |
| GIVEN NAMES | Elizabeth |
| FAMILY NAME | Brake |
| SIGNATURE | BRAKE E |
| AFFILIATIONS | Rice University |
| ORCID | 0000-0003-1158-6150 |
| VERIFIED | Yes |
| TOTAL WORKS | 15 |
| TOTAL CITATIONS | 7 |
| AUTHOR COUNT | 13 |
| EDITOR COUNT | 2 |
| FIRST PUBLICATION YEAR | 2001 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 2 |
What Do We Owe Our Genetic Relatives
Do we owe anything to our genetic relatives qua genetic relatives? The philosophical literature has primarily addressed this question in the context of procreation. But genetic matching databases raise the question of whether we owe anything to previously unknown genetic relatives. This article argues that influential philosophical arguments regarding moral claims to know one’s genetic origins (sometimes referred to as a ‘right to know’) in the c…
How Does Stalking Wrong the Victim
Much stalking consists in behavior which would normally be permissible; indeed, many stalking behaviors are protected liberties. How, then, does the stalker wrong the victim? I consider and reject different answers as failing to identify the essential wrong of stalking: stalking perpetuates gender oppression; it threatens or coerces, disrespects autonomy, or violates privacy. I argue that the stalker forces a personal relationship on the target a…
Price gouging and the duty of easy rescue
What, if anything, is wrong with price gouging? Its defenders argue that it increases supply of scarce necessities; critics argue that it is exploitative, inequitable and vicious. In this paper, I argue for its moral wrongness and legal prohibition, without relying on charges of exploitation, inequity or poor character. What is fundamentally wrong with price gouging is that it violates a duty of easy rescue. While legal enforcement of such duties…
Rebuilding after Disaster: Inequality and the Political Importance of Place
Liberal egalitarians face unappreciated challenges in explaining why the state should assist citizens in disaster recovery and why the state should ever assist in rebuilding in high-risk areas. Addressing these challenges and justifying state-funded disaster recovery assistance requires invoking the most politically salient aspect of disasters: their tendency to increase social inequality. A liberal egalitarian principle of equal opportunity just…
Philosophical Foundations of Children's and Family Law
This volume brings together new essays in law and philosophy on a broad range of topics in children’s and family law. It is the first volume to bring together essays by legal scholars and philosophers for an integrated, critical analysis of key issues in this area, marking the ‘coming of age’ of the comparatively new field of family law. Debates in children’s and family law are at once theoretical and empirical in nature. Not only does children’s…
Moral and Legal Obligations to Support ‘Family’
We have various kinds of moral obligations to take care of those to whom we stand in intimate relationships, and, for many of us, some of those whom we consider family are among our most important intimates. These moral obligations have various grounds; some are unique to intimate relationships while others also occur in non-intimate relationships. Given the centrality of intimate relationships and their attendant moral obligations to our lives, …
Love and the Law
Both the free love tradition and philosophers appalled by the “love revolution” in marriage saw an antagonism between love and legal obligation. Marriage abolitionists and queer theorists have more recently argued against state legitimation of love relationships. This chapter briefly outlines the history of the concept of romantic love and its unlawfulness. It describes how law in modern liberal states has treated love, both in marriage law and i…
Feminist Interpretations of John Rawls: Feminist Interpretations of John Rawls
In Feminist Interpretations of John Rawls , Ruth Abbey collects eight essays responding to the work of John Rawls from a feminist perspective. An impressive introduction by the editor provides a chronological overview of English-language feminist engagements with Rawls from his Theory of Justice onward. Abbey surveys the range of issues canvassed by feminist readers of Rawls, as well as critics’ wide disagreement about the value of Rawls’s corpus…
After Marriage: Rethinking Marital Relationships
The chapters of this book, which are by liberal and feminist philosophers, address whether marriage reform ought to stop with same-sex marriage. Some philosophers have recently argued that marriage is illiberal and should be abolished or radically reformed to include groups and friendships. In response, Chapter 1 argues that marriage law can be justified without illiberal appeal to an ideal relationship type, and Chapter 2 argues that the liberal…
Fair care: Elder care and distributive justice
Caring relationships and material caregiving are politically significant goods that should be distributed according to principles of justice. I argue that, within Rawlsian liberalism, care should be considered a primary good and propose a third principle of justice requiring access to the social and legal supports of caring relationships. I examine what social and legal institutions supporting care might require, with particular attention to allo…
Minimizing MarriageMarriage, Morality, and the Law: Marriage, Morality, and the Law
Even in secular contexts, marriage retains sacramental connotations. Yet what is its moral significance? This book examines its morally salient features – promise, commitment, care, and contract – with surprising results. In Part One, “De-Moralizing Marriage,” essays on promise and commitment argue that we cannot promise to love and so wedding vows are (mostly) failed promises, and that marriage may be a poor commitment strategy. The book contend…
Is Divorce Promise-Breaking
Justice and Virtue in Kant's Account of Marriage
All duties are either duties of right (officia iuris) , that is, duties for which external lawgiving is possible, or duties of virtue (officia virtutis s. ethica) , for which external lawgiving is not possible. - Duties of virtue cannot be subject to external lawgiving simply because they have to do with an end which (or the having of which) is also a duty. No external lawgiving can bring about someone's setting an end for himself (because this i…
Rawls and Feminism: What Should Feminists Make of Liberal Neutrality?
I argue that Rawls’s liberalism is compatible with feminist goals. I focus primarily on the issue of liberal neutrality, a topic suggested by the work of Catharine MacKinnon. I discuss two kinds of neutrality: neutrality at the level of justifying liberalism itself, and state neutrality in political decision-making. Both kinds are contentious within liberal theory. Rawls’s argument for justice as fairness has been criticized for non-neutrality at…
Politics, Philosophy, Terror: Essays on the Thought of Hannah Arendt . Dana R. Villa Our Sense of the Real: Aesthetic Experience and Arendtian Politics . Kimberley Curtis
After Marriage: Rethinking Marital Relationships
The chapters of this book, which are by liberal and feminist philosophers, address whether marriage reform ought to stop with same-sex marriage. Some philosophers have recently argued that marriage is illiberal and should be abolished or radically reformed to include groups and friendships. In response, Chapter 1 argues that marriage law can be justified without illiberal appeal to an ideal relationship type, and Chapter 2 argues that the liberal…
Fair care: Elder care and distributive justice
Caring relationships and material caregiving are politically significant goods that should be distributed according to principles of justice. I argue that, within Rawlsian liberalism, care should be considered a primary good and propose a third principle of justice requiring access to the social and legal supports of caring relationships. I examine what social and legal institutions supporting care might require, with particular attention to allo…
Is Divorce Promise-Breaking
Politics, Philosophy, Terror: Essays on the Thought of Hannah Arendt . Dana R. Villa Our Sense of the Real: Aesthetic Experience and Arendtian Politics . Kimberley Curtis
Rawls and Feminism: What Should Feminists Make of Liberal Neutrality?
I argue that Rawls’s liberalism is compatible with feminist goals. I focus primarily on the issue of liberal neutrality, a topic suggested by the work of Catharine MacKinnon. I discuss two kinds of neutrality: neutrality at the level of justifying liberalism itself, and state neutrality in political decision-making. Both kinds are contentious within liberal theory. Rawls’s argument for justice as fairness has been criticized for non-neutrality at…
Justice and Virtue in Kant's Account of Marriage
All duties are either duties of right (officia iuris) , that is, duties for which external lawgiving is possible, or duties of virtue (officia virtutis s. ethica) , for which external lawgiving is not possible. - Duties of virtue cannot be subject to external lawgiving simply because they have to do with an end which (or the having of which) is also a duty. No external lawgiving can bring about someone's setting an end for himself (because this i…
Is Divorce Promise-Breaking
Minimizing MarriageMarriage, Morality, and the Law: Marriage, Morality, and the Law
Even in secular contexts, marriage retains sacramental connotations. Yet what is its moral significance? This book examines its morally salient features – promise, commitment, care, and contract – with surprising results. In Part One, “De-Moralizing Marriage,” essays on promise and commitment argue that we cannot promise to love and so wedding vows are (mostly) failed promises, and that marriage may be a poor commitment strategy. The book contend…
Feminist Interpretations of John Rawls: Feminist Interpretations of John Rawls
In Feminist Interpretations of John Rawls , Ruth Abbey collects eight essays responding to the work of John Rawls from a feminist perspective. An impressive introduction by the editor provides a chronological overview of English-language feminist engagements with Rawls from his Theory of Justice onward. Abbey surveys the range of issues canvassed by feminist readers of Rawls, as well as critics’ wide disagreement about the value of Rawls’s corpus…
After Marriage: Rethinking Marital Relationships
The chapters of this book, which are by liberal and feminist philosophers, address whether marriage reform ought to stop with same-sex marriage. Some philosophers have recently argued that marriage is illiberal and should be abolished or radically reformed to include groups and friendships. In response, Chapter 1 argues that marriage law can be justified without illiberal appeal to an ideal relationship type, and Chapter 2 argues that the liberal…
Fair care: Elder care and distributive justice
Caring relationships and material caregiving are politically significant goods that should be distributed according to principles of justice. I argue that, within Rawlsian liberalism, care should be considered a primary good and propose a third principle of justice requiring access to the social and legal supports of caring relationships. I examine what social and legal institutions supporting care might require, with particular attention to allo…
Love and the Law
Both the free love tradition and philosophers appalled by the “love revolution” in marriage saw an antagonism between love and legal obligation. Marriage abolitionists and queer theorists have more recently argued against state legitimation of love relationships. This chapter briefly outlines the history of the concept of romantic love and its unlawfulness. It describes how law in modern liberal states has treated love, both in marriage law and i…
Philosophical Foundations of Children's and Family Law
This volume brings together new essays in law and philosophy on a broad range of topics in children’s and family law. It is the first volume to bring together essays by legal scholars and philosophers for an integrated, critical analysis of key issues in this area, marking the ‘coming of age’ of the comparatively new field of family law. Debates in children’s and family law are at once theoretical and empirical in nature. Not only does children’s…
Moral and Legal Obligations to Support ‘Family’
We have various kinds of moral obligations to take care of those to whom we stand in intimate relationships, and, for many of us, some of those whom we consider family are among our most important intimates. These moral obligations have various grounds; some are unique to intimate relationships while others also occur in non-intimate relationships. Given the centrality of intimate relationships and their attendant moral obligations to our lives, …
Rebuilding after Disaster: Inequality and the Political Importance of Place
Liberal egalitarians face unappreciated challenges in explaining why the state should assist citizens in disaster recovery and why the state should ever assist in rebuilding in high-risk areas. Addressing these challenges and justifying state-funded disaster recovery assistance requires invoking the most politically salient aspect of disasters: their tendency to increase social inequality. A liberal egalitarian principle of equal opportunity just…
Price gouging and the duty of easy rescue
What, if anything, is wrong with price gouging? Its defenders argue that it increases supply of scarce necessities; critics argue that it is exploitative, inequitable and vicious. In this paper, I argue for its moral wrongness and legal prohibition, without relying on charges of exploitation, inequity or poor character. What is fundamentally wrong with price gouging is that it violates a duty of easy rescue. While legal enforcement of such duties…
How Does Stalking Wrong the Victim
Much stalking consists in behavior which would normally be permissible; indeed, many stalking behaviors are protected liberties. How, then, does the stalker wrong the victim? I consider and reject different answers as failing to identify the essential wrong of stalking: stalking perpetuates gender oppression; it threatens or coerces, disrespects autonomy, or violates privacy. I argue that the stalker forces a personal relationship on the target a…
What Do We Owe Our Genetic Relatives
Do we owe anything to our genetic relatives qua genetic relatives? The philosophical literature has primarily addressed this question in the context of procreation. But genetic matching databases raise the question of whether we owe anything to previously unknown genetic relatives. This article argues that influential philosophical arguments regarding moral claims to know one’s genetic origins (sometimes referred to as a ‘right to know’) in the c…
Political science (13 works) · Law (12 works) · Sociology (12 works) · Politics (9 works) · Reproductive Health and Technologies (6 works) · Epistemology (5 works) · Law and economics (5 works) · Multicultural Socio-Legal Studies (5 works) · Philosophy (5 works) · Political Philosophy and Ethics (5 works)