In defense of the jurisdiction theory of rights

Journal of Ethics 4 (1-2):71-98 (2000)
This essay critically examines three theories of moral rights, theBenefit, the Interest, and the Choice theories. The Interest andChoice theories attempt to explain how rights can be more robustthan seems possible on the Benefit theory. In particular, moralrights are supposed to be resistant to trade-offs to supportprincipled anti-paternalism, to constitute a distinct dimensionof morality, and to provide right holders with a range ofdiscretionary choice. I argue that these and other featuresare better yet provided by a fourth theory of moral rights, theJurisdiction theory.
Keywords agent-relativity  benefit theory  choice theory  individuated aims  interest theory  moral rights  paternalism
Categories (categorize this paper)
DOI 10.1023/A:1009804202322
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 16,667
External links
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.

Add more references

Citations of this work BETA
Rowan Cruft (2005). Human Rights, Individualism and Cultural Diversity. Critical Review of International Social and Political Philosophy 8 (3):265-287.

Add more citations

Similar books and articles

Monthly downloads

Added to index


Total downloads

46 ( #74,008 of 1,726,249 )

Recent downloads (6 months)

4 ( #183,615 of 1,726,249 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.