David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Most legal systems divide the world into persons and property, treating human beings as persons, and pretty much everything else, including non-human animals, as property. Persons are the subjects of both rights and obligations, including the right to own property, while objects of property, being by their very nature for the use of persons, have no rights at all. I will call this the “legal bifurcation.” We might look to Immanuel Kant’s moral and political philosophy to provide a philosophical vindication of the legal bifurcation, for reasons I will lay out in a moment. But in one way, that would be backwards, because Kant, in constructing the metaphysical categories that he used to talk about rights, was following the tradition of Roman law.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Mark Rowlands (2009). Animal Rights: Moral Theory and Practice. Palgrave Macmillan.
Adam Kolber (2002). Standing Upright: The Moral and Legal Standing of Humans and Other Apes. Stanford Law Review 54:163-204.
Uriah Kriegel (2013). Animal Rights: A Non‐Consequentialist Approach. In K. Petrus & M. Wild (eds.), Animal Minds and Animal Ethics. Transcript.
Adrian Bardon (2000). From Nozick to Welfare Rights: Self‐Ownership, Property, and Moral Desert. Critical Review 14 (4):481-501.
Frederic Megret, The Disabilities Convention: Human Rights of Persons with Disabilities or Disability Rights?
Peter Vallentyne (2001). Self-Ownership. In Laurence Becker & Charlotte Becker (eds.), Encyclopedia of Ethics, 2nd edition. Garland Publishing.
John Douglas Bishop (2012). The Limits of Corporate Human Rights Obligations and the Rights of For-Profit Corporations. Business Ethics Quarterly 22 (1):119-144.
Larry May (1986). Corporate Property Rights. Journal of Business Ethics 5 (3):225 - 232.
Pavlos Eleftheriadis (2008). Legal Rights. Oxford University Press.
P. J. Lomelino (2007). Individuals and Relational Beings. Social Philosophy Today 23:87-101.
W. J. Talbott (2010). Human Rights and Human Well-Being. Oxford University Press.
Added to index2011-09-08
Total downloads213 ( #3,438 of 1,679,297 )
Recent downloads (6 months)12 ( #19,409 of 1,679,297 )
How can I increase my downloads?