David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Politics, Philosophy and Economics 6 (1):45-73 (2007)
This article examines the character of Scanlon’s contractualism as presented in What We Owe to Each Other . I offer a range of reasons for thinking of Scanlon’s contractualism as a species of natural rights theorizing. I argue that to affirm the principle that actions are wrongful if and only if they are disallowed by principles that people could not reasonably reject is equivalent to affirming a natural right (of an admittedly non-standard sort) against being subject to such reasonably disallowed actions. I argue that Scanlon’s invocation of the value of human life can be seen as an attempted grounding for this principle that is akin to standard natural rights attempts to ground fundamental rights. Lastly, I argue that the invocation of the value of human life does not in fact well support the sort of requirement of justifiability to others that characterizes this contractualist variant on natural rights theorizing; if anything, it better supports the sort of ascriptions of rights characteristic of traditional natural rights theorizing. Key Words: contractualism • natural rights • justifiability to others • wrongfulness.
|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
Hugh Breakey (2010). Natural Intellectual Property Rights and the Public Domain. Modern Law Review 73 (2):208-239.
Henrik Syse (2007). Natural Law, Religion, and Rights: An Exploration of the Relationship Between Natural Law and Natural Rights, with Special Emphasis on the Teachings of Thomas Hobbes and John Locke. St. Augustine's Press.
John Hasnas (2005). Toward a Theory of Empirical Natural Rights. Social Philosophy and Policy 22 (1):111-147.
Jay E. Kantor (1980). The “Interests” of Natural Objects. Environmental Ethics 2 (2):163-171.
David Boucher (2009). The Limits of Ethics in International Relations: Natural Law, Natural Rights, and Human Rights in Transition. OUP Oxford.
Brad Hooker (2003). Contractualism, Spare Wheel, Aggregation. In Matt Matravers (ed.), Critical Review of International Social and Political Philosophy. Frank Cass 53-76.
Gary B. Herbert (2005). On the Misconceived Genealogy of Human Rights. Social Philosophy Today 21:17-32.
W. J. Talbott (2010). Human Rights and Human Well-Being. Oxford University Press.
Added to index2009-01-28
Total downloads38 ( #102,852 of 1,790,117 )
Recent downloads (6 months)1 ( #426,086 of 1,790,117 )
How can I increase my downloads?