The Concept of RightsDiscussions of rights are ubiquitous. One constantly hears things such as: “The Chinese are violating Tibetan rights,” “Landlords have a right that their tenants pay their rent,” “Students have a right to be graded fairly,” “Animals have a right not to suffer merely to bring pleasure to humans,” “Abortion violates a fetus’ right to life,” “We violate the rights of future generations when we pollute the water. ” These statements assert that Tibetans, landlords, students, animals, fetuses, and future generations all have rights. Tibetans, landlords, students, animals, fetuses, and future generations do not seem to have much in common. When one presses for clarity, it is very dif?cult to say precisely what a right is. What is it to have a right? That is the question this book seeks to answer. To paint with an overly broad brush, previous answers to this question can be divided into two groups. Some hold interest/bene?t theories of rights while others hold choice/will theories of rights. Perhaps the ?rst person to propose an interest/bene?t theory was Jeremy Bentham. Its most cited contemporary defender is Joseph Raz. The seminal statement of the choice theory was made by H. L. A. Hart. Carl Wellman is perhaps the most able defender of a will theory of rights. The debate between these two groups of theories has been a productive one. |
Contents
1 | |
Normative Constraints | 25 |
Duty Disability Liability and NoClaim Rights | 34 |
Socially Recognized Normative Directions | 49 |
Deontic and Alethic Concepts | 63 |
The Relational Nature of Rights | 85 |
Protected Choices | 99 |
Rights Conflict | 113 |
Rights Reasons and Persons | 116 |
Present | 195 |
Individualism Versus Collectivism | 204 |
Past and Future | 211 |
A Final Comparison | 233 |
References | 245 |
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Common terms and phrases
act consequentialism alethic analysis of rights assert backpacker burn the chair centaur Chapter choice theory claim right claims and immunities concept of rights Corcyra correlative deontic disability distinction divert the trolley drive Evelyn's car duty right Edward Evelyn example exist extensional facie view Feinberg forbidden future individuals Georgia State University group rights Hart hitting Bob Hohfeld Hohfeldian relations hold immunity rights infants interest theory ISBN Jane Joshua justified justified-constraint analysis justified-constraint theory justified-constraint view key argument form legal right legal rule system liberty right liberty to drive logically equivalent metaethical moral obligation moral rights moral rule system nature of rights Nessus no-claim normative constraint normative rule system normative status object one’s person plausible power right problem Proteus Raz's reason refer relational obligation relevant feature Richard Nixon right-holder social recognition someone sort specification view Squam Lake statements substantive Sumner Suppose theory of relational theory of rights true Wellman