The nature and basis of inalienable rights

Law and Philosophy 3 (1):25 - 59 (1984)
This paper has two purposes. One is primarily (but not exclusively) conceptual and the other is normative. The first aim is to say what inalienable rights are. To explain this, inalienable rights are contrasted with the notions of forfeitable rights and absolute rights. A recent novel analysis of inalienable rights by Feinberg is explained and criticized. The first task is concluded by discussing what duties inalienable rights imply. The second aim is to see what moral principles, if any, justify designating some rights as inalienable. The claim of Nozick and others that inalienable rights must be paternalistically grounded is examined and rejected. After a brief critical discussion of the Lockean and Hobbesean accounts of the basis of inalienable rights, it is argued that the harm principle can serve as an adequate ground for categorizing at least the right to life (and perhaps other rights) as inalienable.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1007/BF00211224
 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: 22,660
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
Larry Gostin (1988). A Civil Liberties Analysis of Surrogacy Arrangements. Journal of Law, Medicine and Ethics 16 (1-2):7-17.

Add more citations

Similar books and articles

Monthly downloads

Added to index


Total downloads

79 ( #57,734 of 1,938,852 )

Recent downloads (6 months)

2 ( #294,737 of 1,938,852 )

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.